(SACRAMENTO, CA)  Late last night, the State Legislature passed a bill authored by Assemblymember Noreen Evans (D-Santa Rosa), Chair of the Assembly Democratic Caucus, to protect the rights of the developmentally disabled and their families when care decisions are made.

Assembly Bill (AB) 1402 passed with a 76-0 vote for concurrence on amendments taken in the Senate.  It passed the Senate on September 10th with a 27-13 vote.  It now goes to the Governor for his signature or veto.

“Many families have told me that their wishes are marginalized or ignored by bureaucrats when care decisions are made for their relatives living with developmental disabilities,” said Evans.  “I have heard disabled individuals are being uprooted from their families and given care at odds with family wishes and the individual’s needs.”

AB 1402 requires that any Individual Program Plan (IPP) meetings be recorded upon request by a consumer and that appeals information be prominently posted on the websites of regional centers and vendors.  Under current law, called the Lanterman Act, people living with developmental disabilities are entitled to receive care tailored to their individual needs.  Their care is determined through the IPP process where experts evaluate the individual and assess appropriate care provision.

“I authored this bill to empower family members and protect their developmentally disabled loved ones,” added Evans.  “Family wishes should never be cast aside.  Families need to be able to protect themselves.”

Currently, family members and others are not allowed to audio record IPP meetings.  Allowing them to be recorded will help ensure that more accurate IPPs are developed and subsequently administered by regional centers.  By ensuring the availability of information about appeals, families will know how to fight for themselves in cases of disputes over care.

In July of 2006, Evans held a hearing at the Sonoma Developmental Center (SDC) to learn about the needs and concerns held by families with members residing at the center.  At this hearing, families consistently said SDC’s employees take fantastic care of the center’s residents.  Families also noted that their disabled relatives were moved out of the developmental center, away from their families, and into group homes unsuitable for their care needs.

“After the hearing, I vowed to help,” added Evans.  “One of our state’s longstanding priorities is to help families provide care to members with developmental disabilities.  The strength of family relationships as well as the lives and the quality of life for the developmentally disabled are at stake.”