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EDUCATE.ADVOCATE. PRESENTATION APRIL 8, 2011 KRISTIE RENEE SEPULVEDA-BURCHIT JUST A MOM OF AN EXTRAORDINARY BOY IPP (Individual Program Plan) Rights and.

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Presentation on theme: "EDUCATE.ADVOCATE. PRESENTATION APRIL 8, 2011 KRISTIE RENEE SEPULVEDA-BURCHIT JUST A MOM OF AN EXTRAORDINARY BOY IPP (Individual Program Plan) Rights and."— Presentation transcript:

1 EDUCATE.ADVOCATE. PRESENTATION APRIL 8, 2011 KRISTIE RENEE SEPULVEDA-BURCHIT JUST A MOM OF AN EXTRAORDINARY BOY IPP (Individual Program Plan) Rights and Responsibilities

2 Lanterman Act: WIC 4501: Beautiful The State of California accepts a responsibility for persons with developmental disabilities and an obligation to them which it must discharge. Affecting hundreds of thousands of children and adults directly, and having an important impact on the lives of their families, neighbors, and whole communities, developmental disabilities present social, medical, economic, and legal problems of extreme importance. The complexities of providing services and supports to persons with developmental disabilities requires the coordination of services of many state departments and community agencies to ensure that no gaps occur in communication or provision of services and supports. A consumer of services and supports, and where appropriate, his or her parents, legal guardian, or conservator, shall have a leadership role in service design. IHSS Social Security Medi Cal

3 Lanterman Act: WIC 4501 An array of services and supports should be established which is sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life and to support their integration into the mainstream life of the community. To the maximum extent feasible, services and supports should be available throughout the state to prevent the dislocation of persons with developmental disabilities from their home communities.

4 Lanterman Act: WIC 4501 Services and supports should be available to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age. Consumers of services and supports, and where appropriate, their parents, legal guardian, or conservator, should be empowered to make choices in all life areas.

5 Lanterman Act: WIC 4501 These include promoting opportunities for individuals with developmental disabilities to be integrated into the mainstream of life in their home communities, including supported living and other appropriate community living arrangements. In providing these services, consumers and their families, when appropriate, should participate in decisions affecting their own lives, including, but not limited to, where and with whom they live, their relationships with people in their community, the way in which they spend their time, including education, employment, and leisure, the pursuit of their own personal future, and program planning and implementation.

6 Lanterman Act: WIC 4501 The contributions made by parents and family members in support of their children and relatives with developmental disabilities are important and those relationships should also be respected and fostered, to the maximum extent feasible, so that consumers and their families can build circles of support within the community.

7 Lanterman Act: WIC 4501 The Legislature finds that the mere existence or the delivery of services and supports is, in itself, insufficient evidence of program effectiveness. It is the intent of the Legislature that agencies serving persons with developmental disabilities shall produce evidence that their services have resulted in consumer or family empowerment and in more independent, productive, and normal lives for the persons served. It is further the intent of the Legislature that the Department of Developmental Services, through appropriate and regular monitoring activities, ensure that regional centers meet their statutory, regulatory, and contractual obligations in providing services to persons with developmental disabilities. The Legislature declares its intent to monitor program results through continued legislative oversight and review of requests for appropriations to support developmental disabilities programs.

8 Lanterman Act: WIC 4502 Rights Persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution and laws and the Constitution and laws of the State of California. No otherwise qualified person by reason of having a developmental disability shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity, which receives public funds.

9 Lanterman Act: WIC 4502 Rights It is the intent of the Legislature that persons with developmental disabilities shall have rights including, but not limited to, the following: (a) A right to treatment and habilitation services and supports in the least restrictive environment. Treatment and habilitation services and supports should foster the developmental potential of the person and be directed toward the achievement of the most independent, productive, and normal lives possible. Such services shall protect the personal liberty of the individual and shall be provided with the least restrictive conditions necessary to achieve the purposes of the treatment, services, or supports. (b) A right to dignity, privacy, and humane care. To the maximum extent possible, treatment, services, and supports shall be provided in natural community settings. (c) A right to participate in an appropriate program of publicly supported education, regardless of degree of disability. (d) A right to prompt medical care and treatment.

10 Lanterman Act: WIC 4502 (e) A right to religious freedom and practice. (f) A right to social interaction and participation in community activities. (g) A right to physical exercise and recreational opportunities. (h) A right to be free from harm, including unnecessary physical restraint, or isolation, excessive medication, abuse, or neglect. (i) A right to be free from hazardous procedures. (j) A right to make choices in their own lives, including, but not limited to, where and with whom they live, their relationships with people in their community, the way they spend their time, including education, employment, and leisure, the pursuit of their personal future, and program planning and implementation.

11 Lanterman Act: WIC The right of individuals with developmental disabilities to make choices in their own lives requires that all public or private agencies receiving state funds for the purpose of serving persons with developmental disabilities, including, but not limited to, regional centers, shall respect the choices made by consumers or, where appropriate, their parents, legal guardian, or conservator. Those public or private agencies shall provide consumers with opportunities to exercise decision making skills in any aspect of day-to-day living and shall provide consumers with relevant information in an understandable form to aid the consumer in making his or her choice.

12 IPP: Lanterman Act WIC 4646 Intention of the IPP (a) It is the intent of the Legislature to ensure that the individual program plan and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, where appropriate, as well as promoting community integration, independent, productive, and normal lives, and stable and healthy environments. It is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the individual program plan, reflect the preferences and choices of the consumer, and reflect the cost-effective use of public resources.

13 IPP: Lanterman Act WIC 4646 Intention of the IPP (b) The individual program plan is developed through a process of individualized needs determination. The individual with developmental disabilities and, where appropriate, his or her parents, legal guardian or conservator, or authorized representative, shall have the opportunity to actively participate in the development of the plan.

14 IPP: Lanterman Act WIC 4646 Intention of the IPP (c) An individual program plan shall be developed for any person who, following intake and assessment, is found to be eligible for regional center services. These plans shall be completed within 60 days of the completion of the assessment. At the time of intake, the regional center shall inform the consumer and, where appropriate, his or her parents, legal guardian or conservator, or authorized representative, of the services available through the local area board and the protection and advocacy agency designated by the Governor pursuant to federal law, and shall provide the address and telephone numbers of those agencies.

15 IPP: Lanterman Act WIC 4646 Intention of the IPP (d) Individual program plans shall be prepared jointly by the planning team. Decisions concerning the consumer's goals, objectives, and services and supports that will be included in the consumer's individual program plan and purchased by the regional center or obtained from generic agencies shall be made by agreement between the regional center representative and the consumer or, where appropriate, the parents, legal guardian, conservator, or authorized representative at the program plan meeting. Decisions supposed to occur at the IPP. Ask for a supervisor to participate (by phone if necessary) in childs IPP so that the entire team can document the IPP team decision on the IPP. In other words, we shouldnt have to wait for a supervisor or committee to review requests to address childs needs. If told the CSC has the authority to make decisions, make sure you get that in writing from the Program manager of supervisor. Include in the IPP that you expect a written denial letter (with appeal packet) within 5 days, as REQUIRED.

16 IPP: Lanterman Act WIC 4646 Intention of the IPP (e) Regional centers shall comply with the request of a consumer, or where appropriate, the request of his or her parents, legal guardian, or conservator, that a designated representative receive written notice of all meetings to develop or revise his or her individual program plan and of all notices sent to the consumer pursuant to Section The designated representative may be a parent or family member.

17 IPP: Lanterman Act WIC 4646 Intention of the IPP (f) If a final agreement regarding the services and supports to be provided to the consumer cannot be reached at a program plan meeting, then a subsequent program plan meeting shall be convened within 15 days, or later at the request of the consumer or, when appropriate, the parents, legal guardian, conservator, or authorized representative or when agreed to by the planning team. Additional program plan meetings may be held with the agreement of the regional center representative and the consumer or, where appropriate, the parents, legal guardian, conservator, or authorized representative.

18 IPP: Lanterman Act WIC 4646 Intention of the IPP (g) An authorized representative of the regional center and the consumer or, where appropriate, his or her parents, legal guardian, or conservator, shall sign the individual program plan prior to its implementation. If the consumer or, where appropriate, his or her parents, legal guardian, or conservator, does not agree with all components of the plan, they may indicate that disagreement on the plan. Disagreement with specific plan components shall not prohibit the implementation of services and supports agreed to by the consumer or, where appropriate, his or her parents, legal guardian, or conservator. If the consumer or, where appropriate, his or her parents, legal guardian, or conservator, does not agree with the plan in whole or in part, he or she shall be sent written notice of the fair hearing rights, as required by Section 4701.

19 IPP: Lanterman Act WIC Whats in an IPP (a) The planning process for the individual program plan described in Section 4646 shall include all of the following: (1) Gathering information and conducting assessments to determine the life goals, capabilities and strengths, preferences, barriers, and concerns or problems of the person with developmental disabilities. For children with developmental disabilities, this process should include a review of the strengths, preferences, and needs of the child and the family unit as a whole. Assessments shall be conducted by qualified individuals and performed in natural environments whenever possible. Information shall be taken from the consumer, his or her parents and other family members, his or her friends, advocates, providers of services and supports, and other agencies. The assessment process shall reflect awareness of, and sensitivity to, the lifestyle and cultural background of the consumer and the family.

20 IPP: Lanterman Act WIC Whats in an IPP (2) A statement of goals, based on the needs, preferences, and life choices of the individual with developmental disabilities, and a statement of specific, time-limited objectives for implementing the person's goals and addressing his or her needs. These objectives shall be stated in terms that allow measurement of progress or monitoring of service delivery. These goals and objectives should maximize opportunities for the consumer to develop relationships, be part of community life in the areas of community participation, housing, work, school, and leisure, increase control over his or her life, acquire increasingly positive roles in community life, and develop competencies to help accomplish these goals.

21 IPP: Lanterman Act WIC Whats in an IPP (3) When developing individual program plans for children, regional centers shall be guided by the principles, process, and services and support parameters set forth in Section (4) A schedule of the type and amount of services and supports to be purchased by the regional center or obtained from generic agencies or other resources in order to achieve the individual program plan goals and objectives, and identification of the provider or providers of service responsible for attaining each objective, including, but not limited to, vendors, contracted providers, generic service agencies, and natural supports. The plan shall specify the approximate scheduled start date for services and supports and shall contain timelines for actions necessary to begin services and supports, including generic services.

22 IPP: Lanterman Act WIC Whats in an IPP (5) When agreed to by the consumer, the parents or legally appointed guardian of a minor consumer, or the legally appointed conservator of an adult consumer or the authorized representative, including those appointed pursuant to subdivision (d) of Section 4548 and subdivision (e) of Section 4705, a review of the general health status of the adult or child including a medical, dental, and mental health needs shall be conducted. This review shall include a discussion of current medications, any observed side effects, and the date of last review of the medication. Service providers shall cooperate with the planning team to provide any information necessary to complete the health status review. If any concerns are noted during the review, referrals shall be made to regional center clinicians or to the consumer's physician, as appropriate. Documentation of health status and referrals shall be made in the consumer's record by the service coordinator.

23 IPP: Lanterman Act WIC Whats in an IPP (6) A schedule of regular periodic review and reevaluation to ascertain that planned services have been provided, that objectives have been fulfilled within the times specified, and that consumers and families are satisfied with the individual program plan and its implementation. (b) For all active cases, individual program plans shall be reviewed and modified by the planning team, through the process described in Section 4646, as necessary, in response to the person's achievement or changing needs, and no less often than once every three years. If the consumer or, where appropriate, the consumer's parents, legal guardian, or conservator requests an individual program plan review, the individual program shall be reviewed within 30 days after the request is submitted. (c) (1) The department, with the participation of representatives of a statewide consumer organization, the Association of Regional Center Agencies, an organized labor organization representing service coordination staff, and the Organization of Area Boards shall prepare training material and a standard format and instructions for the preparation of individual program plans, which embodies an approach centered on the person and family. (2) Each regional center shall use the training materials and format prepared by the department pursuant to paragraph (1). (3) The department shall biennially review a random sample of individual program plans at each regional center to assure that these plans are being developed and modified in compliance with Section 4646 and this section. If on the DDS waiver/Medi Cal normally IPP review occurs annually.

24 Right to Record IPP Notwithstanding Section 632 of the Penal Code, a consumer, or his or her parent, guardian, conservator, or authorized representative, shall have the right to record electronically the proceedings of the individual program plan meetings on an audiotape recorder. The consumer, or his or her parent, guardian, conservator, or authorized representative, shall notify the regional center of their intent to record a meeting at least 24 hours prior to the meeting. If the regional center initiates the notice of intent to audiotape record a meeting and the consumer, or his or her parent, guardian, conservator, or authorized representative, refuses to attend the meeting because it will be tape recorded, the meeting shall not be recorded on an audiotape recorder. However, the regional center shall have the right to electronically record the meeting when notice of intent to record has been given by the consumer or on the consumer's behalf.

25 4647 (a) Service Coordinators 4647 (a) service coordination shall include those activities necessary to implement an individual program plan, including, but not limited to, participation in the individual program plan process; assurance that the planning team considers all appropriate options for meeting each individual program plan objective; securing, through purchasing or by obtaining from generic agencies or other resources, services and supports specified in the person's individual program plan; coordination of service and support programs; collection and dissemination of information; and monitoring implementation of the plan to ascertain that objectives have been fulfilled and to assist in revising the plan as necessary.

26 4647 (b)(c) Service Coordinator (b) No person shall continue to serve as a service coordinator for any individual program plan unless there is agreement by all parties that the person should continue to serve as service coordinator. Can put request in writing to change service coordinator and when you sign an IPP it states you want your service coordinator to continue on as program coordinator. See Form 35FCPP (c) Where appropriate, a consumer or the consumer's parents or other family members, legal guardian, or conservator, may perform all or part of the duties of the service coordinator described in this section if the regional center director agrees and it is feasible.

27 4648 Dedication to living at home/community In order to achieve the stated objectives of a consumer's individual program plan, the regional center shall conduct activities, including, but not limited to, all of the following: (a) Securing needed services and supports. (1) It is the intent of the Legislature that services and supports assist individuals with developmental disabilities in achieving the greatest self-sufficiency possible and in exercising personal choices. The regional center shall secure services and supports that meet the needs of the consumer, as determined in the consumer's individual program plan, and within the context of the individual program plan, the planning team shall give highest preference to those services and supports which would allow minors with developmental disabilities to live with their families, adult persons with developmental disabilities to live as independently as possible in the community, and that allow all consumers to interact with persons without disabilities in positive, meaningful ways. (2) In implementing individual program plans, regional centers, through the planning team, shall first consider services and supports in natural community, home, work, and recreational settings. Services and supports shall be flexible and individually tailored to the consumer and, where appropriate, his or her family.

28 4648 Vendor Choice (3) A regional center may, pursuant to vendorization or a contract, purchase services or supports for a consumer from any individual or agency which the regional center and consumer or, where appropriate, his or her parents, legal guardian, or conservator, or authorized representatives, determines will best accomplish all or any part of that consumer's program plan. (B) A regional center may reimburse an individual or agency for services or supports provided to a regional center consumer if the individual or agency has a rate of payment for vendored or contracted services established by the department, pursuant to this division, and is providing services pursuant to an emergency vendorization or has completed the vendorization procedures or has entered into a contract with the regional center and continues to comply with the vendorization or contracting requirements. The director shall adopt regulations governing the vendorization process to be utilized by the department, regional centers, vendors and the individual or agency requesting vendorization.

29 4648 Provider selection (6) The regional center and the consumer, or where appropriate, his or her parents, legal guardian, conservator, or authorized representative, including those appointed pursuant to subdivision (d) of Section 4548 or subdivision (e) of Section 4705, shall, pursuant to the individual program plan, consider all of the following when selecting a provider of consumer services and supports:

30 4648 Provider selection, 2009 change (d) least costly provider (A) A provider's ability to deliver quality services or supports which can accomplish all or part of the consumer's individual program plan. (B) A provider's success in achieving the objectives set forth in the individual program plan. (C) Where appropriate, the existence of licensing, accreditation, or professional certification. (D) The cost of providing services or supports of comparable quality by different providers, if available, shall be reviewed, and the least costly available provider of comparable service, including the cost of transportation, who is able to accomplish all or part of the consumer's individual program plan, consistent with the particular needs of the consumer and family as identified in the individual program plan, shall be selected. In determining the least costly provider, the availability of federal financial participation shall be considered. The consumer shall not be required to use the least costly provider if it will result in the consumer moving from an existing provider of services or supports to more restrictive or less integrated services or supports. (E) The consumer's or, where appropriate, the parents, legal guardian, or conservator of a consumer's choice of providers.

31 4648 Satisfied with services (7) No service or support provided by any agency or individual shall be continued unless the consumer or, where appropriate, his or her parents, legal guardian, or conservator, or authorized representative, including those appointed pursuant to subdivision (d) of Section 4548 or subdivision (e) of Section 4705, is satisfied and the regional center and the consumer or, when appropriate, the person's parents or legal guardian or conservator agree that planned services and supports have been provided, and reasonable progress toward objectives have been made.

32 change experimental treatments (15) Notwithstanding any other provision of law or regulation to the contrary, effective July 1, 2009, regional centers shall not purchase experimental treatments, therapeutic services, or devices that have not been clinically determined or scientifically proven to be effective or safe or for which risks and complications are unknown. Experimental treatments or therapeutic services include experimental medical or nutritional therapy when the use of the product for that purpose is not a general physician practice.

33 4648 Advocacy Civil Legal Service Rights (b) (1) Advocacy for, and protection of, the civil, legal, and service rights of persons with developmental disabilities as established in this division. (2) Whenever the advocacy efforts of a regional center to secure or protect the civil, legal, or service rights of any of its consumers prove ineffective, the regional center or the person with developmental disabilities or his or her parents, legal guardian, or other representative may request the area board to initiate action under the provisions defining area board advocacy functions established in this division. (c) The regional center may assist consumers and families directly, or through a provider, in identifying and building circles of support within the community.

34 4648 (g) Identified gaps (g) Where there are identified gaps in the system of services and supports or where there are identified consumers for whom no provider will provide services and supports contained in his or her individual program plan, the department may provide the services and supports directly. IHSS Social Security Medi Cal

35 4648 Statement of Services (h) At least annually, regional centers shall provide the consumer, his or her parents, legal guardian, conservator, or authorized representative a statement of services and supports the regional center purchased for the purpose of ensuring that they are delivered. The statement shall include the type, unit, month, and cost of services and supports purchased.

36 Changes to WIC in 2009 Transportation Effective July 1, 2009, at the time of development, review, or modification of a consumer's individual program plan (IPP) or individualized family service plan (IFSP), all of the following shall apply to a regional center: (a) A regional center shall not fund private specialized transportation services for an adult consumer who can safely access and utilize public transportation, when that transportation is available. (b) A regional center shall fund the least expensive transportation modality that meets the consumer's needs, as set forth in the consumer's IPP or IFSP. (c) A regional center shall fund transportation, when required, from the consumer's residence to the lowest-cost vendor that provides the service that meets the consumer's needs, as set forth in the consumer's IPP or IFSP. For purposes of this subdivision, the cost of a vendor shall be determined by combining the vendor's program costs and the costs to transport a consumer from the consumer's residence to the vendor. (d) A regional center shall fund transportation services for a minor child living in the family residence, only if the family of the child provides sufficient written documentation to the regional center to demonstrate that it is unable to provide transportation for the child.

37 Changes to WIC (a) Notwithstanding any other provision of law or regulations to the contrary, effective July 1, 2009, a regional centers' authority to purchase the following services shall be suspended pending implementation of the Individual Choice Budget and certification by the Director of Developmental Services that the Individual Choice Budget has been implemented and will result in state budget savings sufficient to offset the costs of providing the following services: (1) Camping services and associated travel expenses. (2) Social recreation activities, except for those activities vendored as community-based day programs. (3) Educational services for children three to 17, inclusive, years of age. (4) Nonmedical therapies, including, but not limited to, specialized recreation, art, dance, and music

38 Changes to WIC 2009 EXEMPTION (b) For regional center consumers receiving services described in subdivision (a) as part of their individual program plan (IPP) or individualized family service plan (IFSP), the prohibition in subdivision (a) shall take effect on August 1, (c) An exemption may be granted on an individual basis in extraordinary circumstances to permit purchase of a service identified in subdivision (a) when the regional center determines that the service is a primary or critical means for ameliorating the physical, cognitive, or psychosocial effects of the consumer's developmental disability, or the service is necessary to enable the consumer to remain in his or her home and no alternative service is available to meet the consumer's needs.

39 Changes to WIC 2009 Medical/Dental 4659 (c) Effective July 1, 2009, notwithstanding any other provision of law or regulation to the contrary, regional centers shall not purchase any service that would otherwise be available from Medi-Cal, Medicare, the Civilian Health and Medical Program for Uniform Services, In-Home Support Services, California Children's Services, private insurance, or a health care service plan when a consumer or a family meets the criteria of this coverage but chooses not to pursue that coverage. (d) (1) Effective July 1, 2009, notwithstanding any other provision of law or regulation to the contrary, a regional center shall not purchase medical or dental services for a consumer three years of age or older unless the regional center is provided with documentation of a Medi-Cal, private insurance, or a health care service plan denial and the regional center determines that an appeal by the consumer or family of the denial does not have merit

40 Changes to WIC 2009 Medical/Dental Regional centers may pay for medical or dental services during the following periods: (A) While coverage is being pursued, but before a denial is made. (B) Pending a final administrative decision on the administrative appeal if the family has provided to the regional center a verification that an administrative appeal is being pursued. (C) Until the commencement of services by Medi-Cal, private insurance, or a health care service plan.

41 4685 Behavioral Group Training/Preschool (B) Effective July 1, 2009, at the time of development, review, or modification of a childs individualized family service plan or individual program plan, the regional center shall consider both of the following: (i) The use of group training for parents on behavioral intervention techniques in lieu of some or all of the in- home parent training component of the behavioral intervention services. (ii) The purchase of neighborhood preschool services and needed qualified personnel in lieu of infant development programs.

42 ABA (a) Effective July 1, 2009, notwithstanding any other provision of law or regulation to the contrary, any vendor who provides applied behavioral analysis (ABA) services, or intensive behavioral intervention services or both, as defined in subdivision (d), shall: (1) Conduct a behavioral assessment of each consumer to whom the vendor provides these services. (2) Design an intervention plan that shall include the service type, number of hours and parent participation needed to achieve the consumers goals and objectives, as set forth in the consumers individual program plan (IPP) or individualized family service plan (IFSP). The intervention plan shall also set forth the frequency at which the consumers progress shall be evaluated and reported. (3) Provide a copy of the intervention plan to the regional center for review and consideration by the planning team members.

43 ABA 2009 (b) Effective July 1, 2009, notwithstanding any other provision of law or regulation to the contrary, regional centers shall: (1) Only purchase ABA services or intensive behavioral intervention services that reflect evidence-based practices, promote positive social behaviors, and ameliorate behaviors that interfere with learning and social interactions. (2) Only purchase ABA or intensive behavioral intervention services when the parent or parents of minor consumers receiving services participate in the intervention plan for the consumers, given the critical nature of parent participation to the success of the intervention plan. (3) Not purchase either ABA or intensive behavioral intervention services for purposes of providing respite, day care, or school services.

44 ABA 2009 (4) Discontinue purchasing ABA or intensive behavioral intervention services for a consumer when the consumers treatment goals and objectives, as described under subdivision (a), are achieved. ABA or intensive behavioral intervention services shall not be discontinued until the goals and objectives are reviewed and updated as required in paragraph (5) and shall be discontinued only if those updated treatment goals and objectives do not require ABA or intensive behavioral intervention services. (5) For each consumer, evaluate the vendors intervention plan and number of service hours for ABA or intensive behavioral intervention no less than every six months, consistent with evidence-based practices. If necessary, the intervention plans treatment goals and objectives shall be updated and revised. (6) Not reimburse a parent for participating in a behavioral services treatment program.

45 ABA Definitions (d) For purposes of this section the following definitions shall apply: (1) Applied behavioral analysis means the design, implementation, and evaluation of systematic instructional and environmental modifications to promote positive social behaviors and reduce or ameliorate behaviors which interfere with learning and social interaction. (2) Intensive behavioral intervention means any form of applied behavioral analysis that is comprehensive, designed to address all domains of functioning, and provided in multiple settings for no more than 40 hours per week, across all settings, depending on the individuals needs and progress. Interventions can be delivered in a one-to-one ratio or small group format, as appropriate.

46 ABA Evidence Based Practice (3) Evidence-based practice means a decisionmaking process that integrates the best available scientifically rigorous research, clinical expertise, and individuals characteristics. Evidence-based practice is an approach to treatment rather than a specific treatment. Evidence- based practice promotes the collection, interpretation, integration, and continuous evaluation of valid, important, and applicable individual-or family-reported, clinically-observed, and research-supported evidence. The best available evidence, matched to consumer circumstances and preferences, is applied to ensure the quality of clinical judgments and facilitates the most cost-effective care.

47 ABA Parent Participation (4) Parent participation shall include, but shall not be limited to, the following meanings: (A) Completion of group instruction on the basics of behavior intervention. (B) Implementation of intervention strategies, according to the intervention plan. (C) If needed, collection of data on behavioral strategies and submission of that data to the provider for incorporation into progress reports. (D) Participation in any needed clinical meetings. (E) Purchase of suggested behavior modification materials or community involvement if a reward system is used.

48 Respite (a) Effective July 1, 2009, notwithstanding any other provision of law or regulation to the contrary, all of the following shall apply: (1) A regional center may only purchase respite services when the care and supervision needs of a consumer exceed that of an individual of the same age without developmental disabilities. (2) A regional center shall not purchase more than 21 days of out-of- home respite services in a fiscal year nor more than 90 hours of in- home respite services in a quarter, for a consumer. (3) (A) A regional center may grant an exemption to the requirements set forth in paragraphs (1) and (2) if it is demonstrated that the intensity of the consumers care and supervision needs are such that additional respite is necessary to maintain the consumer in the family home, or there is an extraordinary event that impacts the family members ability to meet the care and supervision needs of the consumer.

49 Fair Hearing Rights (a) Any applicant for or recipient of services, or authorized representative of the applicant or recipient, who is dissatisfied with any decision or action of the service agency which he or she believes to be illegal, discriminatory, or not in the recipient's or applicant's best interests, shall, upon filing a request within 30 days after notification of the decision or action complained of, be afforded an opportunity for a fair hearing. The opportunity to request a voluntary informal meeting and an opportunity for mutually agreed upon voluntary mediation shall also be offered at this time.

50 Informal Meeting At an informal meeting, the claimant shall have the rights stated pursuant to Section (b) An informal meeting shall be held at a time and place reasonably convenient to the claimant and the authorized representative. (c) An informal meeting shall be conducted in the English language. However, if the claimant, the claimant's guardian or conservator, the parent of a minor claimant, or the authorized representative does not understand English, an interpreter shall be provided who is competent and acceptable to both the person requiring the interpreter and the service agency director or the director's designee. Any cost of an interpreter shall be borne by the service agency.

51 Records Request 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 service agency 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. No charge may 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 which is maintained by a service agency, whether recorded by handwriting, print, tapes, film, microfilm, or other means. Template Request Records Request records along with current CDER score right after yearly IPP. CDER score should be updated by your case worker annually!

52 Records Request Continued 4514 (d) (d) If the person with a developmental disability is a minor, ward, or conservatee, and his or her parent, guardian, conservator, or limited conservator with access to confidential records, designates, in writing, persons to whom records or information may be disclosed, except that nothing in this chapter shall be construed to compel a physician, psychologist, social worker, marriage and family therapist, nurse, attorney, or other professional to reveal information that has been given to him or her in confidence by a family member of the person unless a valid release has been executed by that family member.

53 Records Request continued Each service agency 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.

54 Tip Put it in Writing! Every request made must be in writing. Not over the phone! Follow up conversations with clarifying this in writing. Return Receipt

55 Tip Release Forms Form 202 Releases form 202 Template orm202IRC.pdf orm202IRC.pdf Limit information you want to release. Consider writing next to signature: *Authorization to receive records only*

56 Tips Under each goal on the IPP, first line under "From Paid Support Services" should read: "IRC shall identify and pursue all possible sources of funding for consumers receiving regional center services. CSC will explore appropriate funding resources." Second line for every goal should read: "If IRC funds are requested, funding will be in accord with the mandates of the law and the IRC Board approved policy. (insert your regional center=IRC) This is in line with WIC code (a) Except as otherwise provided in subdivision (b) or (e), the regional center shall identify and pursue all possible sources of funding for consumers receiving regional center services. These sources shall include, but not be limited to, both of the following: (1) Governmental or other entities or programs required to provide or pay the cost of providing services, including Medi-Cal, Medicare, the Civilian Health and Medical Program for Uniform Services, school districts, and federal supplemental security income and the state supplementary program. (2) Private entities, to the maximum extent they are liable for the cost of services, aid, insurance, or medical assistance to the consumer.

57 Tips Ask your case worker (in writing) for a referral on the item to the CLINICAL TEAM if your child needs medical/durable equipment. This is especially important for those transitioning out of the school district and requiring a communication device. The case worker can refer the case to the Clinical Team so that they can work with the family to secure funding for communication devices. This is VERY important during the transition phase from public school (where the equipment will stay with the SELPA) and into the college or work environment. The process, due to Medi Cal funding, can take up to one year so if the parents, consumer and IPP team know the kiddo is going to graduate they should initiate the process 1-year prior to graduation.

58 Tips If your child needs a service, program, equipment make sure to get denials from all other avenues before asking regional center. This includes the school district, the medical insurance etc. If medical insurance denies you must appeal service as well. Regional centers are the payor of last resort!

59 TIPS ABA Social Skills not the same as Social Recreation 4.pdf#search= &view=FitH&pagemode=none 4.pdf#search= &view=FitH&pagemode=none It is undisputed that this kind of program (ABA discrete trial socialization services) is outside the scope of social recreation within the meaning of Welfare and Institutions Code section Accordingly, that provision (and AB 9 of which it is a part) plays no role in the determination of claimants need for a social class. During the hearing, and in some of the documentation received in evidence, claimants father contended that the service agency improperly (i.e., in bad faith) denied XXX the requested social class on the basis of AB 9. While it is true that the service agency referenced AB 9 in its June 30, 2010, letter, the agency also referenced several other bases for its decision. Further, the evidence did not establish that the service agency was aware at that time of the precise nature of the social class that claimant wanted. The evidence as a whole did not establish that the service agencys June 30, 2010, was in bad faith.

60 Tips Respite and Behavioral Respite are two separate services under two distinct service codes. A consumer could have both at the same time. Behavioral Respite under the 620 code.

61 Tip: Never Sign Blank IPP Never sign a blank IPP, 35 FCPP OAH FINDING from August 2010: The greater concern is IRCs requirement that a consumer sign a blank ICC 35FCPP form in which the consumer approves of an as yet unprepared IPP and agrees he or she is satisfied with the actions of IRC employees. Requiring consumers to sign this form before the IPP meeting is conducted or an IPP is approved is offensive, especially where IRC is on notice that a consumer is extremely dissatisfied with the services being provided. An IPP meeting should be a collaborative effort between all parties which results in a written IPP which a consumer should be able to review and approve. For IRC representatives to refuse to complete the December 16, 2009, IPP with claimant until he signed the document was egregious. IPP is directed to cease and desist requiring consumers to sign a blank ICRC 35 FCPP form at the start of an IPP meeting. pdf#search= &view=FitH&pagemode=none pdf#search= &view=FitH&pagemode=none Read through IPP, initial each page, sign, put what you dont agree with, scan entire document send back to case worker

62 Tips: Autism Committee No other diagnosis has a committee making decisions behind the scenes IRC only regional center with hearings involving autism committee If you go to hearing request all members of the Autism Committee subpoened so you can question their background, qualifications, experience in autism.

63 Mandatory Language vs. Best Practices Shall Will Must mandatory language It is required by Lanterman Act or legislation May Can Should best practices language, not mandatory

64 Links to Additional Information 011.pdf Searchable Lanterman Act 011.pdf California Disabilities Community Action Network Mommy Tsunami Tsunami/ On Facebook Tsunami/ Keeping the Lanterman Promise Speak/ On Facebook Speak/ aspx Regional Center information at this link aspx On Facebook


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