§ 7502.5. — 7502.5. (Amended by Stats. 2020, Ch. 11, Sec. 31.)

(a)
An individual may be admitted to the secure treatment facility at Porterville Developmental Center, as provided in paragraphs (1) and (3) of subdivision (a) of Section 7505, only when all of the following conditions are satisfied:
(1)
The unit to which the individual will be admitted is approved for occupancy and licensed.
(2)
Until June 30, 2023, the population of the secure treatment facility is no more than 231 persons.
On and after July 1, 2023, the population of the secure treatment facility is no more than 211 persons.
(3)
The individual is at least 18 years of age.
(4)
The regional center notifies the regional resource development project identified in Section 4418.7, the regional center clients’ rights advocate, the individual, or the individual’s legal guardian or conservator, as appropriate, of a potential admission pursuant to paragraphs (1) and (3) of subdivision (a) of Section 7505.
(5)
The regional resource development project completes an assessment of the individual’s services and supports needs, including by visiting the consumer, if appropriate. The assessment shall include consideration of placement options and other necessary services and supports, if any, that could meet the individual’s
needs in the community.
(b)
An individual may be admitted to the transitional treatment program at Porterville Developmental Center when all of the following conditions are satisfied:
(1)
The individual was admitted to Porterville Developmental Center pursuant to paragraphs (1) and (3) of subdivision (a) of Section 7505.
(2)
The individual remains eligible for commitment pursuant to paragraph (3) of subdivision (a) of Section 7505.
(3)
The unit to which the individual will be admitted is approved for occupancy and licensed.
(4)
The population of the transitional treatment program is no more than 60 persons.
(c)
As soon as
possible, but no later than 30 days following admission to the transitional treatment program, the regional center, in coordination with the developmental center, shall do both of the following:
(1)
Complete a comprehensive assessment that shall include the identification of services and supports needed to transition the individual to the community.
(2)
Jointly convene an individual program plan meeting to discuss the comprehensive assessment and develop a plan to transition the individual to the community pursuant to Section 4418.3. The transition plan shall be based upon the individual’s needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, when appropriate for the individual, wrap-around services through intensive
individualized support services. The transition shall be to a community living arrangement that is in the least restrictive environment appropriate to the needs of the individual and most protective of the individual’s rights to dignity, freedom, and choice, as described in subdivision (a) of Section 4648. The clients’ rights advocate for the regional center shall be notified of the individual program plan meeting and may participate in the meeting unless the consumer objects on their own behalf.
(d)
An individual described in this section shall not be placed in the transitional treatment program for longer than necessary to procure a less restrictive placement. Each year, pursuant to Section 4418.25, an individual in the transitional treatment program at Porterville Developmental Center shall receive an updated comprehensive assessment that shall include all of the following:
(1)
The reason or reasons for placement in the program for longer than one year.
(2)
A description of the issue or issues preventing community placement.
(3)
The estimated timeframe
for placement in the community and the plan for that placement.
(e)
Before March 1 of each year, the department shall provide the following information to the appropriate policy and fiscal committees of the Legislature:
(1)
For each regional center, the number of transitional program residents who are placed in the program for more than one year.
(2)
A description of reasons for placement in the program beyond one year.
(3)
The steps undertaken to resolve the issue or issues prohibiting community placement.
(4)
The additional steps necessary before community placement can be made.
(f)
(1)
Prior to issuing a request for proposal for a contract to provide the intensive transitional services for individuals residing in the secure treatment program at Porterville Developmental Center, the department shall consult with the appropriate professionals to develop the parameters for the services to be provided in the contract. The department shall also consult with the protection and advocacy agency described in subdivision (i) of Section 4900 regarding appropriate safeguards for the protection of clients’ rights. The department shall ensure that the services are not punitive, are protective of the individual’s rights to dignity, freedom, and choice, and are tailored to the needs of the individual and developed through a person-centered planning process and whether the transition and placement are adequate for the protection and safety of others from the dangers posed by the individual’s known behaviors and for the welfare of the individual. The department shall further ensure that the
regional center clients’ rights advocate receives notice of each individual program plan meeting in which the intensive transitional supports are discussed and a copy of any assessment regarding the individual’s intensive support needs, and shall ensure that if the individual disagrees with the proposed intensive transitional supports, the individual may request a fair hearing pursuant to Section 4710.5.
(2)
By December 31, 2018, the department shall promulgate emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) regarding the intensive transitional services for individuals residing in the secure treatment program at Porterville Developmental Center. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.

Legislative History

Amended by Stats. 2020, Ch. 11, Sec. 31. (AB 79) Effective June 29, 2020.