California Welfare and Institutions Code PART 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEMENT

• Section 4400.
  There is in the Health and Welfare Agency a State Department of Developmental Services.(Added by Stats. 1977, Ch. 1252.)
• Section 4401.
  As used in this division:(a) “Department” means the State Department of Developmental Services.(b) “Director” means the Director of Developmental Services.(c) “State hospital” means any hospital specified in Section...
• Section 4404.
  The department is under the control of an executive officer known as the Director of Developmental Services.(Added by Stats. 1977, Ch. 1252.)
• Section 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...
• Section 4406.
  The State Department of Developmental Services succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the State Department of Health...
• Section 4407.
  The State Department of Developmental Services shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property...
• Section 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...
• Section 4409.
  All regulations heretofore adopted by the State Department of Health pursuant to authority now vested in the State Department of Developmental Services by Section 4406...
• Section 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,...
• Section 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...
• Section 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...
• Section 4413.
  The department may appoint and fix the compensation of such employees as it deems necessary, subject to the laws governing civil service.(Added by Stats. 1977,...
• Section 4414.
  When convening any task force or advisory group, the department shall make its best effort to ensure representation by consumers and family members representing California’s...
• Section 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 Department...
• Section 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 department’s law enforcement...
• Section 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, custody,...
• Section 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 Social...
• Section 4417.
  (a) The State Department of Developmental Services may:(1) Disseminate educational information relating to the prevention, diagnosis and treatment of persons with intellectual disabilities.(2) Upon request, advise all public...
• Section 4418.
  The State Department of Developmental Services may obtain psychiatric, medical and other necessary aftercare services for judicially committed patients on leave of absence from state...
• Section 4418.2.
  The department shall support, utilizing regional resource development projects, the activities specified in Sections 4418.25, 4418.3, and 4418.7.(Added by Stats. 2002, Ch. 1161, Sec. 27....
• Section 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 placement plan shall be...
• Section 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...
• Section 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 prevent the...
• Section 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 to both...
• Section 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 community placement of a consumer...
• Section 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...
• Section 4420.
  In order to assure an adequate number of qualified psychiatric technicians, psychiatrists, physicians and surgeons, psychologists, nurses, social workers, laboratory and other technicians, and ancillary...
• Section 4421.
  In order to assure an adequate number of qualified psychiatrists and psychologists with forensic skills, the State Department of Developmental Services shall plan with the...
• Section 4422.
  The department may examine all public and private hospitals, boarding homes or other establishments whether or not licensed by the department, receiving or caring for...
• Section 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 or...
• Section 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, questions...
• Section 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, residence, sex, age,...
• Section 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...
• Section 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...
• Section 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 developmental center or State...
• Section 4427.7.
  (a) Designated investigators of developmental centers shall request a sexual assault forensic medical examination for any resident of a developmental center who is a victim or...
• Section 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 management...
• Section 4429.
  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...
• Section 4430.
  The department shall report to the Legislature the prospective needs for the care, custody, and treatment of developmentally disabled persons, together with its recommendations therefor....
• Section 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...
• Section 4432.
  (a) The State Department of Developmental Services shall report proposed allocations for level-of-care staffing in state hospitals that serve persons with developmental disabilities that shall include...
• Section 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 with developmental...
• Section 4433.5.
  Notwithstanding Section 4433, the department may contract with the State Council on Developmental Disabilities for the purpose of providing clients’ rights advocacy services to individuals...
• Section 4434.
  (a) Notwithstanding preexisting rights to enforce the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), it is the intent of the Legislature that...
• Section 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 Human...
• Section 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 Section 1180.1 of the Health...
• Section 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...

Last modified: October 22, 2018