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 Advocacy Without Borders: Connecting People to Rights
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NEWS REPORT
#073-2006  August 28, 2006 - Monday
To Respond to THIS email report reply to: martyomoto@rcip.com   CDCAN website: www.cdcan.us

Department of Developmental Services:
* Will Release Draft Regulations for Self Directed Services Soon
* Seeks Informal Comments for Draft Regulations
* Stakeholder Meeting Set for October 10 In Sacramento
* Impacts Thousands of Children & Adults with Developmental Disabilities
* SB 1270 and SB 1283 Pass Assembly and Head Back to Senate

SACRAMENTO  -  The Schwarzenegger Administration will soon be releasing draft regulations to carry out the long delayed "Self Directed" Services program,  which will create a major new statewide program that the State estimates 10,000 children and adults with developmental disabilities will sign up for within 3 years.   The voluntary program would provide each participant with their own individual budgets to choose or even create many of their own services in exchange for certain limitations, including an overall cap on how much money they would receive from the State.  [note: see separate CDCAN Report on other bills impacting In-Home Supportive Services, Medi-Cal, special education, mental health, housing, transportation, employment and other critical issues impacting people with disabilities and seniors]

SB 1270 and SB 1283 Pass Assembly and Head Back to Senate
* In related news about developmental services, SB 1270 passed the Assembly and heads back to the Senate for approval of changes (amendments) made in the Assembly.  The bill  would require the State Council on Developmental Disabilities to convene a stakeholder group to look at new ways to provide nonresidential services and supports for persons with developmental disabilities and highlights the issue of employment for persons with developmental disabilities between the Department of Developmental Services and regional centers. 
* SB 1283, calling for some changes to the State Council on Developmental Disabilities and linked to SB 1270, also passed the Assembly Monday (August 28)  and heads back to the Senate for approval of changes (amendments) that were made in the Assembly. 
* Approval of both bills, both authored by outgoing Sen. Wes Chesbro (Democrat - Arcata), is expected by the State Senate, though it is not certain what the Governor will do.  See separate CDCAN report for details on these and other bills.  See below for update on AB 2193. 

Stakeholder Meeting Set for October 10 - CDCAN Townhall Telemeeting To Be Set
The Self Directed Services program, which has not yet been officially implemented, was originally passed as part of the July 2005 - June 2006 State Budget.
* The Department of Developmental Services will hold a meeting for interested organizations and persons on October 10, 10:00 a.m. to 3:00 pm at the Department of Developmental Services, 1600 9th Street, Room 360, Sacramento, 95814 to hear informal comments.  [Note: See the Department of Developmental Services website about this program at http://www.dds.ca.gov/SDPP/SD_Main.cfm  and see CDCAN Townhall Telemeeting notice for a series of townhalls on this issue and also supported living and independent living services in the coming weeks]
* The purpose of the October 10th meeting is to provide the Self Determination Steering Committee members and other interested stakeholders the opportunity to comment on the draft Self Directed Services regulations before the Department of Developmental Services actually moves it forward for official release.

* An official 45 comment period allows the public to review and make comments on officially proposed regulations - much like bills moving through the normal legislative process that includes committee hearings. 
* The informal comments for the draft regulations however is not official - but is meant for the Department of Developmental Services to get additional feedback and comments - and to make possible changes and corrections, before it officially releases it. 
* The Self Determination Pilot Project Steering Committee was created as part of the original 1998 legislation, and includes  representatives of the pilot regional centers and area boards, Department of Developmental Services staff, and representatives from the State Council on Developmental Disabilities Area Boards, Association of Regional Center Agencies, and the Senate Select Committee on Developmental Disabilities.

Department of Developmental Services Oversees Regional Centers
* The Department of Developmental Services directly operates 5 state institutions called developmental centers and 2 smaller facilities where 2,900 persons with developmental disabilities reside. 
* The Department also contracts with 21 non-profit regional centers who in turn fund community-based organizations and individuals to actually provide supports and services to over 200,000 children and adults with developmental disabilities who live in the community. 
* Other essential services, including in-home supportive services (IHSS), Medi-Cal, SSI/SSP (state/federal grants for persons with disabilities and seniors), mental health services, special education, other employment and transportation, and housing services and programs impacting persons with developmental disabilities and also persons with other disabilities, and seniors, are overseen by other state departments and implemented by county agencies or school districts

Self Directed Services Proposed Last Year By Governor
* "Self Directed Services" was first proposed by Gov. Schwarzenegger in January 2005 as part of his proposed budget as an expansion of the "self determination pilot projects" that was authorized in 1998 by legislation by then State Senator Mike Thompson, now a US Congressman.  The concept however was authorized in legislation in 1993 by a bill by then Assemblymember Tom Bates, now Mayor of Berkeley (whose wife, Loni Hancock, a former Berkeley mayor, now holds the same Assembly seat Bates held). 
* The Legislature, while approving the budgeted amounts in costs and savings proposed by Gov. Schwarzenegger in January 2005,  later in June 2005, made significant changes to the legislative language that authorizes the Department of Developmental Services to develop and carry out the program. Major changes were made on how individual budgets were calculated for persons with developmental disabilities who volunteer to participate in the program, and the State was prohibited from using emergency regulations to implement the program. 
* The Self Directed Services program has been delayed in large part to the continued delays in implementation of the California Developmental Disabilities Information System  (CADDIS) which is the state computerized system that is supposed to track spending and use of services and supports by persons with developmental disabilities.  Critics of the system says it will never be ready and claim that millions of dollars have been wasted on a computer system that has never worked. 

DDS Says Self Directed Services Is Expansion of Self Determination Pilots
* The Department of Developmental Services and other advocates say that the intent of self determination is to "facilitate consumer and family control of public funds such that they have the freedom to develop and purchase their own services" and contend that the "self directed services" program is an expansion of the widely praised self determination pilot projects. 
* The Schwarzenegger Administration estimated last year that about 10,000 children and adults with developmental disabilities will voluntarily participate in the program within 3 years when the program actually starts.
* The Department of Developmental Services, in a report to the Legislature in 2002,  said that self determination is "based on the principles of freedom (to plan a life with necessary supports), authority (to control a certain sum of dollars), support (to arrange resources and personnel to assist with living in and becoming a part of the community), and responsibility (to accept a valued role in the community and to be accountable for spending public dollars). It is an approach to service delivery that has garnered international and bipartisan support and, in addition to California, is being piloted in a number of states."

Currently five regional centers and State Council on Developmental Disabilities Area Boards have self determination pilot programs:
* Eastern Los Angeles Regional Center and Area Board X (eastern Los Angeles county)
* Kern Regional Center and Area Board XII  (f Inyo, Kern, and Mono counties)
* Redwood Coast Regional Center and Area Board I (Del Norte, Humboldt, Mendocino, and Lake counties)
* Tri-Counties Regional Center and Area Board IX (Ventura, Santa Barbara and San Luis Obispo counties)
* San Diego Regional Center and Area Board XIII (Imperial and San Diego counties)

Some Advocates Raise Concerns About Program
* Some other advocates however have raised concerns, citing significant differences between the Self Determination Pilot projects and the new "Self Directed Services" program, and note that the Governor's budget called the proposal a "cost containment" measure to help control costs and utilization (use of services).  Schwarzenegger Administration officials over the past year say that the controls the self directed services program would put in place are reasonable and flexible and allows for emergencies and point out that the program is voluntary. 
* Critics however raise concerns about limitations placed on what types of services or supports a person with developmental disabilities can choose, and object to a cap on how much money can be spent, based in part on how much the individual spent, and also how much others with similar disabilities spent in previous years - limitations which they say do not exist in the current self determination pilot projects.  Schwarzenegger Administration officials - and some advocates, including those who have participated in the self determination pilot projects, have argued that the changes or limits are reasonable and balanced. 

Background of Legislation
* July 2005 - AB 131, Chapter 20, Statutes of 2005, which was passed last year by both houses and signed into law by the Governor on July 19, 2005 and contains the legislative language that authorizes  the "self directed services" program.  The draft regulations are based on that legislative language which is now state law.
* Spring 2005 - SB 481 by Sen. Wes Chesbro (Democrat - Arcata),  prior to the budget being passed and signed into law last year, moved along the process as a way for people to discuss the issue - and for Chesbro to have some influence in shaping how the legislation authorizing the "self directed services" program would turn out.  AB 131 replaced SB 481 as the final bill that authorized "self directed services". 
* 2001 - AB 430, Chapter 171, Statutes of 2001 by Assemblymember Tony Cardenas (Democrat - Los Angeles) extended the self determination pilot projects to January 1, 2004. 
*1998 - SB 1038, Chapter1043, Statutes of 1998 by Sen. Mike Thompson, was signed into law, which authorized the planning and implementation of three Self Determination Pilots Projects.

OTHER LEGISLATIVE NEWS:
NO ACTION ON AB 2193 - WORKFORCE PILOT BILL
* As of the evening of August 28, with only three days left in the 2006 Legislative session before members adjourn and leave town for the rest of year, there appears to be virtually little chance of reviving and moving AB 2193. 
* No action has been taken on AB 2193 by Assemblymember Loni Hancock (Democrat - Berkeley), which calls for a "Bay Area Regional Center Workforce Enhancement Pilot Program" since August 21, 2006 when it was withdrawn from the Senate Appropriations Committee and referred to the Senate Rules Committee, where it still needs special permission (waivers) to continue in the process, because it missed several critical deadlines. The Senate Rules Committee has taken no action on the bill. 
* The bill, which originally covered child welfare issues and originally authored by Assemblymember Karen Bass (Democrat - Los Angeles), was amended on August 17, 2006,  which deleted the previous version of the bill, and replaced it with new provisions that would require the Department of Developmental Services to establish  a "Bay Area Regional Center Workforce Enhancement Pilot Program"
* The major amendments made to AB 2193 in the Senate Appropriations Committee on August 17, raised controversy among some advocates because it was done at the last minute and by-passed the policy committees - though the sponsor of the bill, SEIU (Service Employees International Union) says the issue has been discussed with stakeholders previously, and the proposal would have - if it received the waivers - gone through the required policy and fiscal committees, though in a shortened two week period.  Supporters say the bill is necessary to improve wages and quality of service.  Opponents say the bill is merely an attempt by a union to centralize workers to make it easier to unionize - though the bill doesn't expressly mention unions at all.  And some advocates say the passage of SB 1270 (and if signed by the Governor) would make the issue proposed in AB 2193 now or again in January 2007, premature. 
* SEIU said, in a special CDCAN Townhall Telemeeting on the bill, held on August 23 with well over 200 persons from across the state participating, that it was proposing new amendments to the bill that would cap spending at $2.5 million.  Those amendments however have not, as of August 28th, been officially made to the bill.  The bill, as amended on August 17 would do the following:
* Would require the Department of Developmental Services to establish, by March 1,2007, a Bay Area Regional Center Workforce Enhancement Pilot Program to grant rate increases for agencies providing certain eligible services to persons with developmental disabilities who maintains a contract for the purpose of obtaining its direct-care workers from a nonprofit public benefit corporation that would, among other requirements, provide for improving recruitment, retention, training, and career opportunities for direct-care workers, and increasing the availability and quality of consumer-directed community-based services for people with developmental disabilities.
* Would provide for specified increases in regional center reimbursement rates for services and supports provided under the pilot program.
* Would require the University of California to conduct an independent evaluation of the pilot program, and to submit a report to the department and the appropriate fiscal and policy committees of the Legislature by November 1, 2011. 
* The issue of "workforce service centers" was the subject of controversy in previous legislation authored by former Assemblymember Patricia Wiggins in AB 649 in 2003, which later was amended in 2004, as a study bill and vetoed by the Governor

CALENDAR: 
CDCAN TOWNHALL TELEMEETING ON AFFORDABLE AND ACCESSIBLE HOUSING
August 29, 2006 - Tuesday  1:00 PM to 2:30 PM
Part 1 of a series on critical housing needs and rights of people with disabilities, people with mental needs, seniors and others
HOW TO PARTICIPATE - IT IS FREE TO ANYONE!
Dial this toll free number for the Townhall Telemeetings
* 1-800-608-4143   Note: there is NO passcode.
* Tell the operator you want to join the CDCAN Townhall Telemeeting (give your name)
* The operator will connect you.
* People can either go to a site hosting a telemeeting (see CDCAN website at www.cdcan.us for locations) and click on Townhall Telemeetings" and then "Townhall Telemeeting Locations". Important: People should call the site that is listed to make sure that the location is participating in the townhall telemeeting - some locations can only participate on certain dates OR
* People can ALSO participate by dialing in from your own home or work.  This is especially helpful for people with disabilities and seniors or their families or workers who have transportation or have other mobility or resource issues that make it difficult to leave their home or work.
GUEST PANEL:
* George Braddock (nationally known consultant on housing for people with disabilities)
* Shella DuMong (parent & executive director, CHANCE Inc, a Santa Barbara County housing coalition)
* Christina Keefer (community disability advocate, Santa Monica)
* Chris Otero (senior housing services coordinator, Ability First, Los Angeles county)
* Patti Uplinger (Project Director, Housing Now, Sacramento County)
* Norma Jean Vescovo (executive director, Independent Living Center of Southern California)
* Anna Wang (director, Friends of Children with Special Needs, Fremont/East Bay)
* Anyone calling in can ask questions or make comments!
Future speakers on housing townhall telemeetings will include people from various regional centers, other independent living centers, housing advocates in rural areas of the State, other advocates for people with disabilities, mental health needs, traumatic brain and other injuries, and seniors, legislators and state department officials who focus on housing issues, and local government agencies.  If you would like to participate as a guest panelist or would like to recommend someone specifically, please send us an email at martyomoto@rcip.com or call 916/446-0013.

NOTE: AUG 31 TOWNHALL ON TRANSPORTATION IS BEING POSTPONED AND RESCHEDULED - WE ARE ORGANIZING THE 3rd PART OF THE TRANSPORTATION SERIES TO INCLUDE THE HEADS OF SEVERAL OF THE MAJOR PARATRANSIT SERVICES FROM ACROSS THE STATE, TO BE ON TO ANSWER QUESTIONS FROM PEOPLE WITH DISABILITIES AND SENIORS AND OTHER ADVOCATES ALSO FROM ACROSS CALIFORNIA, AND TO PROVIDE UPDATES AND INFO ON ACCESSIBLE TRANSPORTATION NEEDS AND RIGHTS. NEW DATE WILL BE ANNOUNCED BY TOMORROW!

CDCAN
California Disability Community Action Network
Advocacy Without Borders: Connecting people with disabilities & seniors to rights and unified action
1225 8th Street Suite 480 - Sacramento, CA 95814  916/446-0013  Fax: 916/446-0026
Marty Omoto - director  email: martyomoto@rcip.com    website: www.cdcan.us
How To Receive CDCAN News Reports and Alerts and Notices
If you would like to get on this distribution (and conversely, get off of  it) please send an email with that  request to:  martyomoto@rcip.com OR sign up via the NEW CDCAN website at www.cdcan.us  Sharing information is part of our organizing effort. Please feel free to forward or copy  this (attribution is nice). We're all in this together!
These CDCAN Reports are partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the Administration on Developmental Disabilities.  The opinions expressed or content in these reports do not necessarily reflect the views or opinions of the USC UCEDD.
The California Disability Community Action Network is a non-partisan link to tens of thousands of Californians in every community, including people of color, people of every type of disability, including people with physical disabilities, people with developmental and other disabilities, people with traumatic brain and other injures, people with mental health needs, seniors, people with MS, Alzheimer's and others, and all of their families, community organizations and providers, direct care and other workers, and other advocates. These action alerts and news reports is for all of them.   If you would like to get on this distribution (and conversely, get off of  it) please send an email with that  request to:  martyomoto@rcip.com OR sign up via the NEW CDCAN website at www.cdcan.us  Sharing information is part of our organizing effort. Please feel free to forward or copy  this (attribution is nice but not necessary). We're all in this together!
MANY THANKS to Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR), CHANCE Inc, Parents Helping Parents, Arriba, Strategies Toward Empowering People, Parents Helping Parents, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, and hundreds of individuals.  Thanks also to partnerships and the good people with the State Council on Developmental Disabilities, and also the Department of Health Services, the Department of Developmental Services, Department of Social Services and the CA Health and Human Services Agency and other agencies, and the State Legislature and staff, the Legislative Analyst Office.  Good people who do good things can make a difference together.