PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT

Part 1 added by Stats. 1977, Ch. 1252.

§§ 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…