DIVISION 4.1. DEVELOPMENTAL SERVICES
Division 4.1 added by Stats. 1977, Ch. 1252.
§§ 4400–4499 · 125 sections
PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT §§ 4400–4437 · 53 sections
- § 4400 There is in the Health and Welfare Agency a State Department of Developmental Services.
- § 4401 As used in this division: (a) “Department” means the State Department of Developmental Services. (b) “Director” means the Director of Developmental Services.…
- § 4404 The department is under the control of an executive officer known as the Director of Developmental Services.
- § 4405 With the consent of the Senate, the Governor shall appoint to serve at his pleasure, the Director of Developmental Services. He shall have the powers of a head…
- § 4406 The State Department of Developmental Services succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the State…
- § 4407 The State Department of Developmental Services shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds,…
- § 4408 All officers and employees of the Director of Health who on the operative date of this section are serving in the state civil service, other than as temporary…
- § 4408.5 (a) The criminal history check required by this section is limited to a State Department of Developmental Services employee, prospective employee, contractor,…
- § 4409 All regulations heretofore adopted by the State Department of Health pursuant to authority now vested in the State Department of Developmental Services by…
- § 4410 With the approval of the Department of General Services and for use in the furtherance of the work of the State Department of Developmental Services, the…
- § 4411 The department may expend in accordance with law all money now or hereafter made available for its use, or for the administration of any statute administered…
- § 4412 The department may expend money in accordance with law for the actual and necessary travel expenses of officers and employees of the department who are…
- § 4413 The department may appoint and fix the compensation of such employees as it deems necessary, subject to the laws governing civil service.
- § 4414 When convening any task force or advisory group, the department shall make its best effort to ensure representation by consumers and family members…
- § 4415 Except as in this chapter otherwise prescribed, the provisions of the Government Code relating to state officers and departments shall apply to the State…
- § 4415.5 (a) The Chief of the Office of Protective Services, who has the responsibility and authority to manage all protective service components within the…
- § 4416 Unless otherwise indicated in this code, the State Department of Developmental Services has jurisdiction over the execution of the laws relating to the care,…
- § 4416.5 The State Department of Developmental Services may contract with one or more qualified organizations to provide the services required by Section 1919 of the…
- § 4417 (a) The State Department of Developmental Services may: (1) Disseminate educational information relating to the prevention, diagnosis and treatment of persons…
- § 4418 The State Department of Developmental Services may obtain psychiatric, medical and other necessary aftercare services for judicially committed patients on…
- § 4418.05 (a) It is the intent of the Legislature to provide individuals served in facilities operated by the department with prompt access to essential goods and…
- § 4418.2 The department shall support, utilizing regional resource development projects, the activities specified in Sections 4418.25, 4418.3, and 4418.7.
- § 4418.25 (a) (1) The department shall establish policies and procedures for the development of an annual community placement plan by regional centers. The community…
- § 4418.3 (a) It is the intent of the Legislature to ensure that the transition process from a developmental center to a community living arrangement is based upon the…
- § 4418.5 The department may provide protective social services for the care of developmentally disabled patients released from state hospitals of the department or to…
- § 4418.6 The department may establish within its family care program respite care services for the developmentally disabled. Such respite care services may be available…
- § 4418.7 (a) (1) If the regional center determines, or is informed by the consumer’s parents, legal guardian, conservator, or authorized representative that the…
- § 4418.8 (a) (1) As part of the safety net plan required by Section 4474.16, the department may develop a residential program in the community for adolescents and…
- § 4419 Within the limits of available funds it is the intent of the Legislature that the department shall require all personnel working directly with patients to…
- § 4420 In order to assure an adequate number of qualified psychiatric technicians, psychiatrists, physicians and surgeons, psychologists, nurses, social workers,…
- § 4421 In order to assure an adequate number of qualified psychiatrists and psychologists with forensic skills, the State Department of Developmental Services shall…
- § 4422 The department may examine all public and private hospitals, boarding homes or other establishments whether or not licensed by the department, receiving or…
- § 4423 In every place in which a developmentally disabled person may be involuntarily held, the persons confined therein shall be permitted access to and examination…
- § 4424 The department shall adopt, for all hospitals, rules and regulations, books of record for all departments, blank forms for clinical records and other purposes,…
- § 4425 The department shall keep in its office a record showing the following facts concerning each patient in custody in the several institutions: (a) Name,…
- § 4426 The department may inquire into the manner in which a person with an intellectual disability who is subject to commitment, not confined in a state hospital, is…
- § 4427 When the department has reason to believe that any person held in custody as developmentally disabled is wrongfully deprived of his liberty, or is cruelly or…
- § 4427.5 (a) (1) A developmental center or State Department of Developmental Services-operated facility shall immediately, but no later than within two hours of the…
- § 4427.7 (a) Designated investigators of developmental centers shall request a sexual assault forensic medical examination for any resident of a developmental center…
- § 4428 When complaint is made to the department regarding the officers or management of any hospital or institution for the developmentally disabled, or regarding the…
- § 4429 (a) The department shall biennially report to the Legislature its acts and proceedings for the two years ending the June 30th last preceding, with such facts… see note
- § 4430 (a) The department shall report to the Legislature the prospective needs for the care, custody, and treatment of developmentally disabled persons, together… see note
- § 4431 Charges made by the department for the care and treatment of each patient in a facility maintained by the department shall not exceed the actual cost thereof…
- § 4432 (a) The State Department of Developmental Services shall report proposed allocations for level-of-care staffing in state hospitals that serve persons with…
- § 4433 (a) The Legislature finds and declares all of the following: (1) The State of California accepts its responsibility to ensure and uphold the rights of persons…
- § 4433.5 Notwithstanding Section 4433, the department may contract with the State Council on Developmental Disabilities for the purpose of providing clients’ rights…
- § 4434 (a) Notwithstanding preexisting rights to enforce the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), it is…
- § 4435 (a) It is the intent of the Legislature to advance regional center service provision that is person centered and more uniform, consistent, and equitable, while…
- § 4435.1 (a) It is the intent of the Legislature to provide more statewide uniformity and consistency and promote equity in the administrative practices and services of…
- § 4435.2 (a) No later than July 1, 2025, the department, with input from stakeholders, including consumers and families, relevant state agencies, and other entities…
- § 4436 (a) In order to provide the information necessary to assess the impact of implementing the recommendations of the report submitted by the California Health and…
- § 4436.5 (a) For the purposes of this section, the following definitions apply: (1) “Physical restraint” means any behavioral or mechanical restraint as defined in…
- § 4437 (a) The State Department of Developmental Services shall, on or before February 1 of each year, report to the Legislature and post on its Internet Web site…
PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE DEVELOPMENTALLY DISABLED §§ 4440–4499 · 72 sections
CHAPTER 1. Jurisdiction and General Government §§ 4440–4474.8 · 49 sections
- § 4440 The department has jurisdiction over the following institutions: Fairview State Hospital. Frank D. Lanterman State Hospital. Porterville State Hospital. Sonoma…
- § 4440.1 The department may contract with the State Department of State Hospitals to provide services to persons with developmental disabilities in state hospitals…
- § 4440.5 A state hospital under the jurisdiction of the department may also be known as a developmental center.
- § 4441 Except as otherwise specifically provided elsewhere in this code, all of the institutions under the jurisdiction of the State Department of Developmental…
- § 4441.5 The State Department of Developmental Services shall develop policies and procedures, by no later than 30 days following the effective date of the Budget Act…
- § 4442 Each state hospital is a corporation.
- § 4443 Each such corporation may acquire and hold in its corporate name by gift, grant, devise, or bequest property to be applied to the maintenance of the patients…
- § 4444 All lands necessary for the use of state hospitals except those acquired by gift, devise, or purchase, shall be acquired by condemnation as lands for other…
- § 4445 Notwithstanding the provisions of Section 4444, the Director of General Services, with the consent of the State Department of Developmental Services, may grant…
- § 4446 (a) Notwithstanding Section 4444, the Director of General Services may enter into an agreement with the City of Santa Clara for the dedication of a public…
- § 4447 Notwithstanding Section 4444, the Director of General Services with the consent of the State Department of Developmental Services, may grant a right-of-way for…
- § 4448 The department shall participate with the City of Porterville in the construction of an interceptor sewer between the Porterville State Hospital facilities and…
- § 4449 The State Department of Developmental Services has general control and direction of the property and concerns of each state hospital specified in Section 4440.…
- § 4450 The medical superintendent shall make triplicate estimates, in minute detail, as approved by the State Department of Developmental Services of such supplies,…
- § 4451 The state hospitals may manufacture supplies, materials, and assisting devices which are for the benefit of individuals with disabilities who otherwise would…
- § 4452 All money belonging to the state and received by state hospitals from any source, except appropriations, shall, at the end of each month, be deposited in the…
- § 4453 The state hospitals and the officers thereof shall make such financial statements to the Controller as the Controller requires.
- § 4454 The authorities for the several hospitals shall furnish to the State Department of Developmental Services the facts mentioned in Section 4425 and such other…
- § 4455 The department may permit, subject to such conditions and regulations as it may impose, any religious or missionary corporation or society to erect a building…
- § 4456 The department may establish and supervise under its rules and regulations training schools or courses for employees of the department or of state institutions…
- § 4457 Whenever a trial is had of any person charged with escape or attempt to escape from a state hospital, whenever a hearing is had on the return of a writ of…
- § 4459 The State Department of Developmental Services shall investigate and examine all nonresident persons judicially committed to any state hospital and shall cause…
- § 4460 In order to be entitled to hospitalization in this state, an adult developmentally disabled person or the parent or guardian or conservator of a…
- § 4461 (a) All expenses incurred in returning such persons to other states shall be paid by this state, the person, or his or her relatives, but the expense of…
- § 4462 The State Department of Developmental Services, when it deems it necessary, may, under conditions prescribed by the director, transfer any patients of a state…
- § 4463 The Director of Developmental Services may authorize the transfer of persons from any institution within the department to any institution authorized by the…
- § 4464 The State Department of Developmental Services shall send to the Department of Veterans Affairs whenever requested a list of all persons who have been patients…
- § 4465 The Director of Developmental Services may deposit any funds of patients in the possession of each hospital administrator of a state hospital in trust with the…
- § 4466 Whenever any patient in any state institution subject to the jurisdiction of the State Department of Developmental Services dies, and any personal funds or…
- § 4467 Whenever any patient in any state institution subject to the jurisdiction of the State Department of Developmental Services escapes, or is discharged or is on…
- § 4468 Before any money or other personal property or documents are delivered to the State Treasurer, State Controller, or public administrator, or sold at auction or…
- § 4469 At the time of delivering any money or other personal property to the State Treasurer or State Controller under the provisions of Section 4126 or of Chapter 7…
- § 4470 When any personal property has been destroyed as provided in Section 4466 or 4467, no suit shall thereafter be maintained by any person against the state or…
- § 4471 All day hospitals and rehabilitation centers maintained by the State Department of Developmental Services shall be subject to the provisions of this code…
- § 4472 The state hospitals under the jurisdiction of the State Department of Developmental Services shall comply with the California Food Sanitation Act, Article 1…
- § 4473 Whenever a patient dies in a state hospital for the developmentally disabled and the coroner finds that the death was by accident or at the hands of another…
- § 4474 Each patient in a state hospital for the developmentally disabled who has resided in the state hospital for a period of at least 30 days shall be paid an…
- § 4474.1 (a) Whenever the State Department of Developmental Services proposes the closure of a state developmental center, the department shall be required to submit a… see note
- § 4474.11 (a) Notwithstanding any other law, on or before October 1, 2015, the Department of Developmental Services shall submit to the Legislature a plan or plans to…
- § 4474.12 (a) The department shall seek to modify the contract in existence on January 1, 2017, for the conduct of a movers longitudinal study to include all of the… see note
- § 4474.15 (a) The State Department of Developmental Services shall include an update to the Legislature in the 2017–18 May Revision regarding how the department will… see note
- § 4474.16 (a) (1) On or before January 10, 2023, and in conjunction with the Governor’s proposed 2023–24 budget, the State Department of Developmental Services shall…
- § 4474.17 (a) The Legislature finds and declares all of the following: (1) The Supplemental Report of the 2014–15 Budget Package required the State Department of…
- § 4474.2 (a) Notwithstanding any other law, the department may operate any facility, provide its employees to assist in the operation of any facility, or provide other… see note
- § 4474.3 The provisions of Section 10411 of the Public Contract Code shall not apply to any person who provides developmental services and supports to individuals…
- § 4474.4 Notwithstanding any other provision of law to the contrary, the Secretary of California Health and Human Services shall verify that the State Department of…
- § 4474.5 (a) In order to meet the unique medical health needs of consumers transitioning from Agnews Developmental Center into Alameda, San Mateo, and Santa Clara…
- § 4474.6 (a) The State Department of Developmental Services and the State Department of Health Care Services shall coordinate the transition of health care services for…
- § 4474.8 Notwithstanding any other provision of law to the contrary, the State Department of Developmental Services shall continue the operation of the Agnews…
CHAPTER 2. Boards of Trustees and Other Advisory Boards §§ 4475–4478 · 4 sections
- § 4475 (a) Each developmental center under the jurisdiction of the State Department of Developmental Services shall have a developmental center advisory board of…
- § 4476 No person shall be eligible for appointment to a developmental center advisory board if he or she is a Member of the Legislature or an elective state officer,…
- § 4477 The advisory boards of the several state developmental centers are advisory to the State Department of Developmental Services and the Legislature with power of…
- § 4478 (a) The chairperson of an advisory board advising a developmental center shall meet annually with the developmental center director, the regional center…
CHAPTER 3. Officers and Employees §§ 4480–4499 · 19 sections
- § 4480 As used in this article, “officers” of a state hospital means: (a) Clinical director. (b) Hospital administrator. (c) Hospital director.
- § 4481 (a) The Director of Developmental Services shall appoint and define the duties, subject to the laws governing civil service, of the clinical director and the…
- § 4482 The Director of the State Department of Developmental Services shall have the final authority for determining all other employee needs after consideration of…
- § 4483 Salaries of resident and other officers and wages of employees shall be included in the budget estimates of, and paid in the same manner as other expenses of,…
- § 4484 The primary purpose of a state hospital is the medical and nursing care of patients who are developmentally disabled. The efforts and direction of the officers…
- § 4485 Subject to the rules and regulations established by the department, and under the supervision of the hospital director when the hospital director is the…
- § 4486 Subject to the rules and regulations established by the department, under the supervision of the hospital director when the hospital director is the clinical…
- § 4487 The hospital director is the chief executive officer of the hospital and is responsible for all hospital operations. If the hospital director is the clinical…
- § 4488 As often as a vacancy occurs in a hospital under the jurisdiction of the Director of Developmental Services, he shall appoint, as provided in Section 4481, a…
- § 4489 The hospital director is responsible for the overall management of the hospital. In his absence one of the other hospital officers or in the absence of both…
- § 4491 The hospital administrator shall be responsible for preserving the peace in the hospital buildings and grounds and may arrest or cause the arrest and…
- § 4492 The hospital director may establish rules and regulations not inconsistent with law or departmental regulations, concerning the care and treatment of patients,…
- § 4493 The hospital administrator of each state hospital may designate, in writing, as a police officer, one or more of the bona fide employees of the hospital. The…
- § 4494 The Director of Developmental Services may set aside and designate any space on the grounds of any of the institutions under the jurisdiction of the department…
- § 4495 Wherever the term “superintendent” appears, the term shall be deemed to mean clinical director, except in Sections 4450, 4466, 4467, 4469, 7281, and 7289,…
- § 4496 Subject to rules and regulations adopted by the department, the hospital director may establish a sheltered workshop at a state hospital to provide patients…
- § 4497 At each state hospital at which there is established a sheltered workshop, there shall be a sheltered workshop fund administered by the clinical director. The…
- § 4498 To assure a continuous level of competency for all state hospital treatment personnel under the jurisdiction of the State Department of Developmental Services,…
- § 4499 To assure an adequate supply of licensed psychiatric technicians for state hospitals for the developmentally disabled, the State Department of Developmental…