Developmental services: decisionmaking.

Existing law authorizes a peace officer, without a warrant, to take into temporary custody a minor when the officer has reasonable cause for believing that the minor is in danger, as specified. Existing law provides for a hearing process to deem the child a dependent child of the court. Under existing law, during the hearing process the court is authorized to temporarily limit the right of a parent or guardian to make educational decisions for the child and to temporarily appoint, or make itself, these decisions, as specified. Under existing law, once the minor is adjudged a dependent child of the court, the court may limit the ability of a parent or guardian to make educational decisions for the minor. This bill would authorize the court to limit the right of a parent or guardian to make decisions about developmental services and to appoint a responsible adult, or to make itself, those decisions, as specified. Under existing law, a minor may be adjudged a ward of the court for specified reasons. The court may limit the control to be exercised over the ward by a parent or guardian, including educational decisionmaking, and appoint a responsible adult, as specified, to make those decisions. This bill would extend those provisions to decisions relating to developmental services. Existing law authorizes, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder or developmental immaturity, or other condition and, if so, whether the condition impairs the minor's competency. This bill would require that the court appoint an expert, as specified, to evaluate whether the minor suffers from a developmental disability. This bill would also require the court to appoint the director of a regional center for developmentally disabled individuals, or his or her designee, to evaluate the minor if the expert believes the minor is developmentally disabled, as prescribed, and would make related changes. Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide support and services to individuals with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP) , developed in accordance with prescribed requirements through an individual program planning process. Existing law defines "authorized representative" for purposes of the act to include a person having legal custody of a minor claimant or a person with written authority to act as representative of the claimant. This bill would add to the definition of "authorized representative" a responsible adult appointed through a court order made pursuant to the limitation of developmental services decisionmaking authority, as set forth above, and who does not have a conflict of interest, as defined. The bill would give a court-appointed developmental services decisionmaker the right to access the minor's information, to participate in the IPP process, and to participate in the fair hearing process. This bill would incorporate additional changes in Sections 4514 and 5328 of the Welfare and Institutions Code, proposed by SB 146, to be operative only if SB 146 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.