There is a lot of new bills sign into law for the disabled. This is a email
about new laws
CDCAN DISABILITY RIGHTS REPORT
#168-2010 – SEPTEMBER 30, 2010 – THURSDAY
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK: Advocacy Without Borders: One Community – Accountability With Action - California Disability Community Action Network Disability Rights News goes out to over 55,000 people with disabilities, mental health needs, seniors, traumatic brain & other injuries, veterans with disabilities and mental health needs, their families, workers, community organizations, including those in Asian/Pacific Islander, Latino, African American communities, policy makers and others across California.
To reply to this report write: MARTY OMOTO at martyomoto@rcip.com WEBSITE: www.cdcan.us TWITTER: www.twitter.com - “MartyOmoto”
REMEMBERING A LIFE: Stephanie Flowerdew
Update on Governor’s Actions:
Governor Signs AB 12 Foster Care Bill That Extends Services To Foster Youth 18 to 21 Years – Many Have Disabilities & Mental Health Needs
Update on Other Bills Signed Yesterday Including Housing Bill Impacting People With Developmental Disabilities – Deadline Today For Governor To Act on Remaining Bills On His Desk – Scorecard To Date Since 9/1: Signed 348, Vetoed 181
SACRAMENTO, CALIF (CDCAN) [Updated 09/30/2010 04:00 PM (Pacific Time)] - Governor Arnold Schwarzenegger today signed AB 12 by Assemblymember Jim Beall (Democrat – San Jose) and former Assembly Speaker Karen Bass (Democrat – Los Angeles) that will extend California’s transitional foster care services and supports to eligible youth between the ages of 18 and 21 years. The Governor also signed six other bills dealing with foster care. The bill, which passed the Assembly August 31 by a vote of 73 to 2 and the State Senate by a vote of 27 to 9, takes effect on January 1, 2011.
In addition to continuing foster care services to foster youth 18 to 21 years old, AB 12 also allows California to take advantage of federal funding through participation in kinship guardianship assistance payments.
California was one of the first states to establish the Kinship Guardianship Assistance Payment program to provide financial assistance for children that are placed under legal guardianship with a relative. AB 12 will make that federal funding available to support these payments for foster youth in AB 12.
Governor Took Action on 529 Since September 1st - Signing 348 and Vetoing 181 – Many Bills Remain on His Desk
· Between September 1 and September 30th (as of 3:30 PM) the Governor has taken action on a total of 529 bills sent to him by the Legislature, signing 348 bills (including the 7 foster care related bills today) and vetoing 181.
· The State Constitution sets a deadline of September 30th (the end of the day) for the Governor to take action on bills sent to him by the Legislature after it adjourns on August 31st.
· About 200 or so bills remain on the Governor’s desk to be signed or vetoed.
· Unless a bill is an “urgency” or emergency bills (which take effect immediately after the bill is signed by the Governor and chaptered with the Secretary of State), all bills take effect on January 1, 2011.
· CDCAN will issue a report covering the remaining bills on the Governor’s desk as information becomes available tonight.
Governor Says AB 12 Will Ensure Foster Youth Will Have Access To Important Resources As They Transition Into Adulthood
In signing AB 12, Governor Schwarzenegger said that “Our foster care youth deserve every opportunity to succeed in life, and extending foster benefits and services through age 21 will help better equip them with the necessary tools. AB 12 will ensure our foster youth have access to important resources as they transition into adulthood. I applaud Assemblymembers Bass and Beall for working across the aisle and getting this important legislation passed.”
The foster care program and also California’s adoption assistance program – overseen statewide by the Department of Social Services and implemented locally by the counties, include thousands of children with disabilities (including developmental) and mental health needs. Thousands are in special education. A significant number receive also community-based services coordinated through the 21 non-profit regional centers contracted by the Department of Developmental Services.
The Governor, in a statement released following the signing of the package of foster care bills, said that studies have shown that former foster youth are less likely to complete high school, attend college, or be employed, and are at a higher risk for becoming homeless, arrested or incarcerated - problems that the Governor believes the Beall legislation will help to solve by providing foster youth between the age of 18 and 21 a better support system to stay in school and obtain employment.
In addition to signing AB 12, the Governor also signed the following six bills that he said would “protect and enhance the benefits and services available to California’s foster youth”:
· AB 743 by Assemblymember Anthony Portantino (Democrat - La Cañada Flintridge) that will help keep siblings together in the foster care system. The bill defines a required timeframe of ten days that the child welfare system must notify the child’s attorney before a planned separation of siblings.
· AB 1933 by Assemblymember Julia Brownley (Democrat - Santa Monica) that will allow foster children to continue attending their school of origin and, if applicable, secondary schools in the same attendance area, when placed with a family in a different neighborhood.
· SB 1353 by Senator Roderick Wright (Democrat - Inglewood) that will require consideration of the proximity to the school in which a child is enrolled at the time of placement in foster care is one indicator of the best interests of the child with respect to educational stability.
· SB 654 by Senator Mark Leno (Democrat - San Francisco) that will expand eligibility for Independent Living Program (ILP) services to youth who are former dependents of the juvenile court placed with non-related legal guardians and are receiving permanent placement services, regardless of the age at which dependency was dismissed, but only if the youth’s guardianship was ordered after his or her eighth birthday. This will allow some former foster youth who left foster care prior to aging out to later seek ILP services, until age 20.
· AB 1905 by Assemblymember Paul Cook (Republican - Yucca Valley) that will ensure continued approval and payments for foster youth relative or extended family member caregivers, pending the annual reassessment visit.
· AB 1758 by Assemblymember Tom Ammiano (Democrat - San Francisco) that will add non-relative extended family members to the list of family members and guardians eligible for foster care wraparound services, and allows certain dependent or ward categorically eligible foster youth to remain eligible for Medi-Cal.
OTHER BILLS SIGNED INTO LAW 9/29
The Governor also signed 126 bills and vetoed 87 yesterday (September 29th, Wednesday). The bulk of those actions were reported Wednesday evening in CDCAN Report #167-2010.
The following actions (bills of interest or having some direct or indirect impact on people with disabilities, mental health needs, seniors, low income families and workers) were not included in that report because the Governor’s office released the information early Thursday morning today and are listed below.
Bills of particular interest, controversy or having some direct impact are highlighted in the color RED preceded by *** (for people who have vision impairments)
SB 270 – HEALTH CARE PROVIDERS: MEDICAL INFORMATION
AUTHOR: Sen. Elaine Alquist (Democrat - Santa Clara)
CDCAN SUMMARY: Clarifies existing state law related to medical information, including delays in reporting unauthorized access to, and use or disclosure of, a patient's medical information to the Department of Public Health. Extends the sunset of the California Office of HIPAA [Health Insurance Portability and Accountability Act] Implementation.
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 442 – CLINIC CORPORATION: LICENSING
AUTHOR: Sen. Denise Ducheny (Democrat - San Diego)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
***SB 543 – MENTAL HEALTH SERVICES: CONSENT FOR MINORS
AUTHOR: Sen. Mark Leno (Democrat - San Francisco)
CDCAN SUMMARY: Authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling on an outpatient basis or to residential shelter services, if certain conditions are met.
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 700 – HEALING ARTS: PEER REVIEW
AUTHOR: Sen. Negrete McLeod (Democrat - Chino)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 769 – PANDEMIC INFLUENZA – FEDERAL FUNDING: SUPPLEMENTAL APPROPRIATIONS
AUTHOR: Senator Elaine Alquist (Democrat - Santa Clara)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
***SB 812 – DEVELOPMENTAL DISABILITIES: HOUSING
AUTHOR: Senator Roy Ashburn (Republican - Bakersfield)
CDCAN SUMMARY: Requires cites and counties in their general plans that include a housing element (or section of the plan) to include an analysis of the housing needs of the persons with developmental disabilities in the analysis of special housing needs. Bill is linked to AB 2762 authored by the Assembly Housing and Community Development Committee .
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 950 – VETERANS’ HOMES: ACCOUNTING FOR CHARGES – WRITTEN NOTIFICATION
AUTHOR: Senator Patricia Wiggins (Democrat – Santa Rosa)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 1057 – STATE HOLIDAYS: VETERANS DAY STATE OFFICE CLOSURE
AUTHOR: Sen. Jeff Denham (Republican – Merced)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
***SB 1069 – PHYSICIANS ASSISTANTS
AUTHOR: Sen. Fran Pavley (Democrat - Santa Monica)
CDCAN SUMMARY: Authorizes a physician assistant, under a delegation of services agreement, to order durable medical equipment, certify unemployment insurance disability, and for individuals receiving home health services or personal care services, after consultation with the supervising doctor, approve, sign, modify, or add to a plan of treatment or plan of care. Authorizes physician assistants to conduct specified medical examinations and sign corresponding medical certificates for various individuals.
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 1090 – BINGO: REMOTE CALLER BINGO
AUTHOR: Senator Gilbert Cedillo (Democrat – Los Angeles)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 1127 – DEPARTMENT OF VETERANS AFFAIRS: INTERNET RESOURCES
AUTHOR: Sen. Jenny Oropeza (Democrat – Long Beach)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 1172 – HEALING ARTS REGULATORY BOARDS: LICENSEES & DIVERSION PROGRAMS
AUTHOR: Sen. Gloria Negrete McLeod (Democrat - Chino)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
***SB 1214 – COMMUNITY CARE LICENSING: CRISIS NURSERIES
AUTHOR: Sen. Lois Wolk (Democrat - Davis)
CDCAN SUMMARY: Clarifies that the definition of "voluntary placement," for the purposes of crisis nursery licensing, does not apply to children placed in foster care. Sunsets provisions allowing for child welfare services direct placement of foster children in crisis nurseries as of July 1, 2012.
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 1237 – RADIATION CONTROL: HEALTH FACILITIES & CLINICS RECORDS
AUTHOR: Sen. Alex Padilla (Democrat - Pacoima)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 1246 – NATUROPATHIC MEDICINE
AUTHOR: Sen. Gloria Negrete McLeod (Democrat - Chino)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
***SB 1252 – HOUSING: DISCRIMINATION
AUTHOR: Sen. Ellen Corbett (Democrat - San Leandro)
CDCAN SUMMARY: Makes miscellaneous technical and conforming changes to existing housing discrimination state law including clarifying that admission preferences based on age, imposed in connection with a federally-approved housing program, do not constitute age discrimination in housing, makes technical revisions to cross reference "source of income" where it already is among the list of classes protected for the purpose of clarity and consistency and increases the maximum civil penalties that may be assessed for a violation of the of the California Fair Employment and Housing Act (FEHA).
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 1332 – RADIOLOGIC TECHNOLOGY
AUTHOR: Sen. Bob Dutton (Republican - Rancho Cucamonga)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
SB 1368 – OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT
AUTHOR: Senate Health Committee
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
AB 52 – UMBILICAL CORD BLOOD COLLECTION PROGRAM
AUTHOR: Assemblymember Anthony Portantino (Democrat - La Cañada Flintridge)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
***AB 2028 – MEDICAL INFORMATION CONFIDENTIALITY: DISCLOSURE
AUTHOR: Assemblymember Ed Hernandez (Democrat - West Covina)
CDCAN SUMMARY: Amends the existing state law (Confidentiality of Medical Information Act or CMIA) to specifically authorize mandated reporters of child abuse and neglect and elder and dependent adult abuse to subsequently disclose requested information to the agency investigating the report of abuse or neglect. Exempts information disclosed by a psychotherapist who is making a report from existing law's requirement that the entity requesting the information meet certain request and notification requirements.
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
AB 2048 – SCHOOL FACILITIES: OFFICE OF STATEWIDE HEALTH PLANNING & DEVELOPMENT BUILDING PERMITS
AUTHOR: Assemblymember Tom Torlakson (Democrat - Contra Costa)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
AB 2087 – VETERANS’ FARM & HOME PURHASES: DEFINITION OF HOME
AUTHOR: Assemblymember Norma J. Torres (Democrat - Ontario)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
AB 2145 – OPIOD ANTAGONIST (NALOXONE) TREATMENT OF DRUG OVERDOES: LIMITED LIABILITY
AUTHOR: Assemblymember Tom Ammiano (Democrat - San Francisco)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
AB 2167 – CLINICAL SOCIAL WORKERS: EXAMINATION REQUIREMENTS
AUTHOR: Assemblymember Pedro Nava (Democrat - Santa Barbara)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
AB 2191 – HEALING ARTS: BEHAVIORAL SCIENCES LICENSURE
AUTHOR: Assemblymember Bill Emmerson (Republican - Hemet)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
AB 2300 – GENETIC COUNSELORS: TEMPORARY STATE LICENSE
AUTHOR: Assemblymember Bill Emmerson (Republican - Hemet)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
AB 2322 – CHILDREN, ELDER OR DEPENDENT PERSONS ABUSE: CONFIDENTIALITY
AUTHOR: Assemblymember Mike Feuer (Democrat - Los Angeles)
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
***AB 2435 – ELDER AND DEPENDENT ADULT ABUSE
AUTHOR: Assemblymember Bonnie Lowenthal (Democrat - Long Beach)
CDCAN SUMMARY: Requires marriage and family therapists, licensed clinical social workers (LCSWs), psychologists, and licensed professional counselors to have training on the recognition and reporting of suspected elder and dependent adult abuse as requirements for licensure.
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
***AB 2645 – MENTAL HEALTH: SKILLED NURSING FACILITIES REMIBURSEMENT RATE FREEZE
AUTHOR: Assemblymember Wesley Chesbro (Democrat - Arcata)
CDCAN SUMMARY: Freezes the rate of reimbursement for institutions of mental diseases (IMDs) licensed as skilled nursing facilities, from July 1, 2010, to June 30, 2012, at the rates in effect on July 1, 2009.
LATEST ACTION 09/29/2010: SIGNED into law by Governor.
OTHER BILLS VETOED 9/29
Here are the bills (not included in the 9/29 CDCAN Report #167-2010) of interest or having some direct or indirect impact on people with disabilities, mental health needs, seniors, low income families and workers that the Governor VETOED September 29, 2010.
Bills vetoed by the Governor could technically be taken up by the Legislature before the official ending date of the 2009-2010 legislative session (November 30, 2010). To override the Governor’s veto requires 2/3rds vote in both the Assembly (54 votes) and the State Senate (27 votes). That almost has never happened in the past 40 years – and bills vetoed by the Governor are considered “dead” – with no further action likely unless it is re-introduced next January.
SB 1230 – EMPLOYMENT: POSTING REQUIREMENTS
AUTHOR: Sen. Mark DeSaulnier (Democrat - Concord)
LATEST ACTION 09/29/2010: VETOED by Governor.
GOVERNOR’S VETO MESSAGE:
To the Members of the California State Senate:
I am returning Senate Bill 1230 without my signature.
This bill requires employers to post information related to slavery and human trafficking, including information related to nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. I support efforts to eliminate human trafficking. However, this measure will burden legitimate businesses while having little to no impact on human slavery. After all, businesses likely to comply with his law are not likely to have employees that would benefit from such postings.
For these reasons, I am unable to sign this bill.
Sincerely, Arnold Schwarzenegger
SB 1269 – FOOD DONATION LIABILITY
AUTHOR: Sen. Jenny Oropeza (Democrat - Long Beach)
LATEST ACTION 09/29/2010: VETOED by Governor
AB 1997 – COMMUNITY COLLEGES: STUDENT FINANCIAL AID PILOT PROGRAM
AUTHOR: Assemblymember Anthony Portantino (Democrat - La Cañada Flintridge)
LATEST ACTION 09/29/2010: VETOED by Governor.
VERY URGENT!!!!!
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MANY, MANY THANKS TO BOB BENSON, the Pacific Homecare Services, Easter Seals, California Association of Adult Day Health Centers, Valley Mountain Regional Center, Toward Maximum Independence, Inc (TMI), Friends of Children with Special Needs, UCP of Los Angeles, Ventura and Santa Barbara Counties, Southside Arts Center, San Francisco Bay Area Autism Society of America, Hope Services in San Jose, FEAT of Sacramento (Families for Early Autism Treatment), RESCoalition, Sacramento Gray Panthers, Easter Seals of Southern California, Tri-Counties Regional Center, Westside Regional Center, Regional Center of the East Bay, UCP of Orange County, Alta California Regional Center, Life Steps, Parents Helping Parents, Work Training, Foothill Autism Alliance, Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People (STEP), Harbor Regional Center, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, adoption assistance program families and children, and others across California.
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