Regional centers: whistleblower protection: related-party transactions.

Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to allocate funds to private nonprofit regional centers for the provision of community services and support for persons with developmental disabilities and their families. Existing law sets forth the duties of regional centers, including, but not limited to, development of individual program plans, the purchase of needed services and supports to implement the plan, and the monitoring of services. Existing law authorizes the department to adopt and enforce conflict-of-interest regulations to ensure that members of the governing board, program policy committees, and employees of regional centers make decisions that are in the best interest of consumers and the families of consumers. Existing law authorizes the department to enter into 5-year contracts with regional centers, subject to annual appropriation of funds by the Legislature. The contracts will specify that each regional center include annual performance objectives that will meet certain standards. If a regional center fails to meet the performance standards, the department will require corrective action. This bill would require, not later than July 1, 2011, that each contract with a regional center include steps the regional center will take to provide notice to staff and consumers that confidential reports of improper regional center activity, as defined, can be made directly to the department. This bill would also require all regional center contracts be amended by July 1, 2011, to include the new provisions. This bill would allow a regional center employee who files a complaint with the regional center pertaining to certain prohibited acts to file a copy of the complaint signed under penalty of perjury, with the department. Additionally, a person who retaliates against a regional center employee who has made a protected disclosure, as defined, shall be guilty of a misdemeanor punishable by a fine, imprisonment, or both, and shall, in a civil action, be liable for damages, as prescribed. By creating additional crimes, the bill would constitute a state-mandated local program. Existing law requires that specified information and records obtained in the course of intake, assessment, and the provision of services for persons with developmental disabilities and the provision of voluntary or involuntary services to persons with a mental illnesses remain confidential, with certain specified exceptions. This bill would allow the release of the above information to the department for purposes of conducting an investigation pursuant to the bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.