California Welfare And Institutions Code Section 4418.1

(a) The Legislature recognizes that it has a special obligation to ensure the well-being of persons with developmental disabilities who are moved from state hospitals to the community. (b) To ensure that persons with developmental disabilities who are moved from state hospitals to the community are receiving necessary services and supports, the department shall contract with an independent agency or organization for the tracking and monitoring of those persons, including all persons moved as a result of the Coffelt v. State Department of Developmental Services settlement agreement and any persons moved after the terms of that agreement have been met. (c) The contractor shall be experienced in all of the following: (1) Designing valid tracking instruments. (2) Tracking the quality of community programs, including outcome-based measures such as health and safety, quality of life, integration, choice, and consumer satisfaction. (3) Tracking the quality and appropriateness of community placements for persons moving from large institutions into community settings. (4) Developing data systems. (5) Data analysis and report preparation. (d) The contractor shall measure consumer and family satisfaction with services provided, including case management and quality of life, including, but not limited to, health and safety, independence, productivity, integration, opportunities for choice, and delivery of needed services. (e) The information maintained for each person shall include the person`s name, address, nature of disability, medical condition, scope of community-based services and supports, and the annual data collected by the contractor. (f) The contractor shall meet with each person, and the person`s family, legal guardian, or conservator, when appropriate, no less than once a year to discuss quality of life and observe the person`s services and supports. In cases where the consumer is not capable of communicating his or her responses and where there is no family member, guardian, or conservator involved, the contractor shall meet with no less than two persons familiar with the consumer. Additionally, the contractor shall interview staff and friends who know the consumer best and review records, as appropriate. (g) If the contractor identifies any suspected violation of the legal, civil, or service rights of an individual, or if the contractor determines that the health and welfare of the individual is at risk, that information shall be provided immediately to the regional center providing case management services, the client rights advocate, and to the department. (h) The department shall monitor the corrective actions taken by the regional center and maintain a report in the person`s file. The consumer and, when appropriate, his or her parents, legal guardian, or conservator, shall be provided with access to the person`s file and be provided with copies of all reports filed with the regional center or department relative to them. (i) The department shall establish a task force, including representatives from stakeholder organizations, to annually review the findings of the contractor and make recommendations regarding additional or differing criteria for information to be gathered by the contractor in future interviews. (j) As of July 1, 1998, and annually thereafter, the contractor shall provide a report to the Governor, the Legislature, and the department outlining the activities and findings of this process. The reports shall be public and shall contain no personally identifying information about the persons being monitored.