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California Welfare and Institutions Code Section 4519

Legal Research Home > California Laws > Welfare and Institutions Code > California Welfare and Institutions Code Section 4519

4519.  (a) The department shall not expend funds, and a regional
center shall not expend funds allocated to it by the department, for
the purchase of any service outside the state unless the Director of
Developmental Services or the director's designee has received,
reviewed, and approved a plan for out-of-state service in the client'
s individual program plan developed pursuant to Sections 4646 to
4648, inclusive. Prior to submitting a request for out-of-state
services, the regional center shall conduct a comprehensive
assessment and convene an individual program plan meeting to
determine the services and supports needed for the consumer to
receive services in California and shall request assistance from the
department's statewide specialized resource service in identifying
options to serve the consumer in California. The request shall
include details regarding all options considered and an explanation
of why these options cannot meet the consumer's needs. The department
shall authorize for no more than six months the purchase of
out-of-state services when the director determines the proposed
service or an appropriate alternative, as determined by the director,
is not available from resources and facilities within the state. Any
extension beyond six months shall be based on a new and complete
comprehensive assessment of the consumer's needs, review of available
options, and determination that the consumer's needs cannot be met
in California. An extension shall not exceed six months. For the
purposes of this section, the department shall be considered a
service agency under Chapter 7 (commencing with Section 4700).
   (b) No funds shall be expended for the cost of interstate travel
or transportation by regional center staff in connection with the
purchase of any service outside the state unless authorized by the
director or the director's designee.
   (c) When a regional center places a client out of state pursuant
to subdivision (a), it shall prepare a report for inclusion in the
client's individual program plan. This report shall summarize the
regional center's efforts to locate, develop, or adapt an appropriate
program for the client within the state. This report shall be
reviewed and updated every three months and a copy sent to the
director. Each comprehensive assessment and report shall include
identification of the services and supports needed and the timeline
for identifying or developing those services needed to transition the
consumer back to California.
   (d) Notwithstanding subdivisions (a), (b), and (c), the State
Department of Developmental Services or a regional center may expend
funds allocated to it for the purchase of services for residents of
this state and administrative costs incurred in providing services in
the border areas of a state adjacent to California when the purchase
is approved by the regional center director.
   (e) Each regional center shall submit to the department by
December 31, 2012, a transition plan for all consumers residing out
of state as of June 30, 2012, for whom the regional center is
purchasing services.

Last modified: February 22, 2013