Assembly BillFailedWelfare and Institutions
AB 1335: Habilitation services.
What AB 1335 does, verified December 6, 2025
The bill aims to amend certain sections of the welfare and institutions code to improve the provision of habilitation services. It removes the requirement for habilitation services providers to comply with CARF standards, instead using services standards from regulations adopted by the Department. This change is intended to simplify the monitoring and evaluation process for regional centers. The bill also makes related conforming changes to ensure a smooth transition.
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Last action: From committee: Without further action pursuant to Joint Rule 62(a). (2025-05-01)Alert me
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| May. 01, 2025 | From committee: Without further action pursuant to Joint Rule 62(a). |
| Mar. 17, 2025 | Referred to Com. on HUM. S. |
| Feb. 24, 2025 | Read first time. |
| Feb. 22, 2025 | From printer. May be heard in committee March 24. |
| Feb. 21, 2025 | Introduced. To print. |
Latest bill textIntroduced version, February 21, 2025 · 1,846 words
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1335
| Introduced by Assembly Member Jeff Gonzalez |
February 21, 2025 |
An act to amend Sections 4851, 4856, 4861, and 4865 of the Welfare and Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1335, as introduced, Jeff Gonzalez. Habilitation services.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and support to individuals with developmental disabilities. Existing law requires a regional center consumer to be referred to a provider of habilitation services if they are determined to be in need of habilitation services. Existing law authorizes a regional center to vendor a new work activity or supported employment program after determining the capacity of the program to deliver effective services and assessing the ability of the program to comply with the requirements of CARF the Rehabilitation Accreditation Commission. Existing law requires a regional center to monitor, evaluate, and audit habilitation services providers for program effectiveness using performance criteria that include, among other things, compliance with applicable CARF standards.
This bill would remove the requirement for a work activity program or supported employment program to comply with the requirements of CARF the Rehabilitation Accreditation Commission, and would instead require a regional center to monitor, evaluate, and audit habilitation services providers for program effectiveness using, among other things, services standards contained in regulations adopted by the department. The bill would also make related conforming changes.
The people of the State of California do enact as follows:
SECTION 1.
Section 4851 of the Welfare and Institutions Code is amended to read:4851.
The definitions contained in this chapter shall govern the construction of this chapter, with respect to habilitation services provided through the regional center, and unless the context requires otherwise, the following terms shall have the following meanings:(a) “Habilitation services” means community-based services purchased or provided for adults with developmental disabilities, including services provided under the Work Activity Program and the Supported Employment Program, to prepare and maintain them at their highest level of vocational functioning, or to prepare them for referral to vocational rehabilitation services.
(b) “Individual program plan” means the overall plan developed by a regional center pursuant to Section 4646.
(c) “Individual habilitation service plan” means the service plan developed by the habilitation service vendor to meet employment goals in the individual program plan.
(d) “Department” means the State Department of Developmental Services.
(e) “Work activity program” includes, but is not limited to, sheltered workshops or work activity centers, centers or community-based work activity programs certified pursuant to subdivision (f) or accredited by CARF, the Rehabilitation Accreditation Commission. (f).
(f) “Certification” means certification procedures developed by the Department of Rehabilitation.
(g) “Work activity program day” means the period of time during which a Work Activity Program provides services to consumers.
(h) “Supported employment program” means a program that meets the requirements of subdivisions (l) to (q), (j) to (o), inclusive.
(i) “Consumer” means any adult who receives services purchased under this chapter.
(j)“Accreditation” means a determination of compliance with the set of standards appropriate to the delivery of services by a work activity program or supported employment program, developed by CARF, the Rehabilitation Accreditation Commission, and applied by the commission or the department.
(k)“CARF” means CARF the Rehabilitation Accreditation Commission.
(l)
(j) “Supported employment” means paid work that is integrated in the community for individuals with developmental disabilities.
(m)
(k) “Integrated work” means the engagement of an employee with a disability in work in a setting typically found in the community in which individuals interact with individuals without disabilities other than those who are providing services to those individuals, to the same extent that individuals without disabilities in comparable positions interact with other persons.
(n)
(l) “Supported employment placement” means the employment of an individual with a developmental disability by an employer in the community, directly or through contract with a supported employment program. This includes provision of ongoing support services necessary for the individual to retain employment.
(o)
(m) “Allowable supported employment services” means the services approved in the individual program plan and specified in the individual habilitation service plan for the purpose of achieving supported employment as an outcome, and may include any of the following:
(1) Job development, to the extent authorized by the regional center.
(2) Program staff time for conducting job analysis of supported employment opportunities for a specific consumer.
(3) Program staff time for the direct supervision or training of a consumer or consumers while they engage in integrated work unless other arrangements for consumer supervision, including, but not limited to, employer supervision reimbursed by the supported employment program, are approved by the regional center.
(4) Community-based training in adaptive functional and social skills necessary to ensure job adjustment and retention.
(5) Counseling with a consumer’s significant other to ensure support of a consumer in job adjustment.
(6) Advocacy or intervention on behalf of a consumer to resolve problems affecting the consumer’s work adjustment or retention.
(7) Ongoing support services needed to ensure the consumer’s retention of the job.
(p)
(n) “Group services” means job coaching in a group supported employment placement at a job coach-to-consumer ratio of not less than one-to-three nor more than one-to-eight where services to a minimum of three consumers are funded by the regional center or the Department of Rehabilitation. For consumers receiving group services, ongoing support services shall be limited to job coaching and shall be provided at the worksite.
(q)
(o) “Individualized services” means job coaching and other supported employment services for regional center-funded consumers in a supported employment placement at a job coach-to-consumer ratio of one-to-one, and that decrease over time until stabilization is achieved. Individualized services may be provided on or off the jobsite.
SEC. 2.
Section 4856 of the Welfare and Institutions Code is amended to read:4856.
(a) The regional center shall monitor, evaluate, and audit habilitation services providers for program effectiveness, using performance criteria that include, but are not limited to, all of the following:(1) Service quality.
(2) Protections for individuals receiving services.
(3) Compliance with applicable CARF standards. services standards contained in regulations adopted by the department.
(b) (1) The regional center may impose immediate sanctions on providers of work activity programs and supported employment programs for noncompliance with accreditation or services standards contained in regulations adopted by the department, and for safety violations which that pose a threat to consumers of habilitation services.
(2) Sanctions include, but are not limited to, all of the following:
(A) A moratorium on new referrals.
(B) Imposition of a corrective plan as specified in regulations.
(C) Removal of consumers from a service area where dangerous conditions or abusive conditions exist.
(D) Termination of vendorization.
(c) A moratorium on new referrals may be the first formal sanction to be taken except in instances where in which consumers are at imminent risk of abuse or other harm. When the regional center determines a moratorium on new referrals to be the first formal sanction, a corrective action plan shall be developed. The moratorium shall be lifted only when the conditions cited are corrected per a corrective action plan.
(d) A corrective action plan is a formal sanction, that may be imposed either simultaneously with a moratorium on new referrals, or as a single sanction in circumstances that do not require a moratorium, as determined by the regional center. Noncompliance with the conditions and timelines of the corrective action plan shall result in termination of vendorization.
(e) Removal of consumers from a program shall only take place where when dangerous or abusive conditions are present, or upon termination of vendorization. In instances of removal for health and safety reasons, when the corrections are made by the program, as determined by the regional center, consumers may return, at their option.
(f) Any A provider sanctioned under subparagraph (B) or (C) of paragraph (2) of subdivision (b) may request an administrative review review, as specified in Section 4648.1.
(g) Any A provider sanctioned under subparagraph (D) of paragraph (2) of subdivision (b) shall have a right to a formal review by the Office of Administrative Hearings under Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code.
(h) Effective July 1, 2004, if If a habilitation services provider is under sanction under former Section 19354.5, the provider shall complete the requirements of the corrective action plan or any other terms or conditions imposed upon it as part of the sanctions. At the end of the term of the corrective action plan or other compliance requirements, the services provider shall be evaluated by the regional center based upon the requirements in this section.
SEC. 3.
Section 4861 of the Welfare and Institutions Code is amended to read:4861.
(a) Programs that receive the regional center’s approval to provide supported employment services shall receive rates in accordance with Section 4860.
(b) A new work activity program shall receive the statewide average rate, as determined by the department. As soon as the new work activity program has a historical period of not less than three months that is representative of the cost per consumer, as determined by the department, the department shall set the rate in accordance with Section 4859.
(c)The regional center may purchase services from new work activity programs and supported employment programs, even though the program in not yet accredited by CARF, if all of the following apply:
(1)The vendor can demonstrate that the program is in compliance with certification standards established by the Department of Rehabilitation, to allow a period for becoming CARF accredited.
(2)(A)The program commits, in writing, to apply for accreditation by CARF within three years of the approval to purchase services by the regional center.
(B)CARF shall accredit a program within four years after the program has been vendored.
(d)
(c) The regional center may approve or disapprove proposals submitted by new or existing vendors based on all of the following criteria criteria, to the extent that it is federally permissible:
(1) The need for a work activity or supported employment program.
(2) The capacity of the vendor to deliver work activity or supported employment services effectively.
(3) The ability of the vendor to comply with the requirements of this section.
(4) The ability of the vendor to achieve integrated paid work for consumers served in supported employment.
SEC. 4.
Section 4865 of the Welfare and Institutions Code is amended to read:4865.
At the request of the Department of Rehabilitation, a work activity or supported employmentText of AB 1335 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions