CHAPTER 13. Habilitation Services For Persons With Developmental Disabilities [4850. - 4867.]

Cal. Welfare and Institutions Code - WIC 13.

in effect

Cal. Welfare and Institutions Code - WIC § 4850. Section 4850.

(a) The Legislature reaffirms its intent that habilitation services for adults with developmental disabilities should be planned and provided as a part of a continuum and that habilitation services should be available to enable persons with developmental disabilities to approximate the pattern of everyday living available to nondisabled people of the same age. (b) The Legislature further intends that habilitation services shall be provided to adults with developmental disabilities as specified in this chapter in order to guarantee the rights stated in Section 4502.

Cal. Welfare and Institutions Code - WIC § 4850.1. Section 4850.1.

Notwithstanding Section 19050.9 of the Government Code, beginning July 1, 2004, the State Department of Developmental Services shall succeed to all functions and responsibilities of the Department of Rehabilitation with respect to the administration of the Habilitation Services Program established pursuant to former Chapter 4.5 (commencing with Section 19350) of Part 2 of Division 10.

Cal. Welfare and Institutions Code - WIC § 4850.2. Section 4850.2.

(a) Except as otherwise specifically provided, this chapter shall only apply to those habilitation services purchased by the regional centers. (b) Nothing in this section shall be construed to abridge the rights stated in Section 4502.

Cal. Welfare and Institutions Code - WIC § 4851. Section 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, or community-based work activity programs certified pursuant to subdivision (f) or accredited by CARF, the Commission on Accreditation of Rehabilitation Facilities. (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), 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 Commission on Accreditation of Rehabilitation Facilities, and applied by the commission or the department. (k) “CARF” means the Commission on Accreditation of Rehabilitation Facilities. ( l ) “Supported employment” means paid work that is integrated in the community for individuals with developmental disabilities. (m) “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) “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) “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) “Group services” means job coaching in a group supported employment placement at a job coach-to-consumer ratio of not less than 1 to 2 nor more than 1 to 8 where services to a minimum of two consumers are funded by the regional center or the Department of Rehabilitation. For consumers receiving group services, job coaching shall be provided at the worksite. (q) “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 1 to 1, and that decrease over time until stabilization is achieved. Individualized services may be provided on or off the jobsite.

Cal. Welfare and Institutions Code - WIC § 4852. Section 4852.

A consumer shall be referred to a provider of habilitation services under this chapter when all of the following apply: (a) The individual is an adult who has been diagnosed as having a developmental disability. (b) The individual is determined to be in need of and has chosen habilitation services through the individual program planning process pursuant to Section 4646.

Cal. Welfare and Institutions Code - WIC § 4853. Section 4853.

(a) When a referral for habilitation services pursuant to Section 4852 has been made and if the individual is placed in a work activity program, he or she shall be deemed presumptively eligible for a period not to exceed 90 days. (b) During the period of presumptive eligibility, the work activity program shall submit a work skills evaluation report to the regional center. The work skills evaluation report shall reflect the performance of the consumer in all of the following areas: (1) Appropriate behavior to safely conduct himself or herself in a work setting. (2) Adequate attention span to reach a productivity level in paid work. (3) Ability to understand and act on simple instructions within a reasonable length of time. (4) Ability to communicate basic needs and understand basic receptive language. (5) Attendance level. (c) During the period of presumptive eligibility, the individual program plan planning team shall, pursuant to Section 4646, utilize the work skills evaluation report to determine the appropriateness of the referral.

Cal. Welfare and Institutions Code - WIC § 4854. Section 4854.

In developing the individual habilitation service plan pursuant to Section 4853, the habilitation service provider shall develop specific and measurable objectives to determine whether the consumer demonstrates ability to reach or maintain individual employment goals in all of the following areas: (a) Participation in paid work for a specified period of time. (b) Obtaining or sustaining a specified productivity rate. (c) Obtaining or sustaining a specified attendance level. (d) Demonstration of appropriate behavior for a work setting.

Cal. Welfare and Institutions Code - WIC § 4854.1. Section 4854.1.

The individual program plan planning team, shall, pursuant to Section 4646, meet, when it is necessary to review any of the following: (a) The appropriateness of job placement. (b) The appropriateness of the services available at the Work Activity Program or Supported Employment Program. (c) The individual habilitation service plan.

Cal. Welfare and Institutions Code - WIC § 4855. Section 4855.

When an individual who is eligible for habilitation services under this chapter is referred to the Department of Rehabilitation for vocational rehabilitation services, including supported employment services, and is placed on a Department of Rehabilitation waiting list for vocational rehabilitation as a result of the Department of Rehabilitation’s order of selection regulations, the regional center shall authorize appropriate services for the individual pursuant to this chapter as needed until services can be provided by the vocational rehabilitation program.

Cal. Welfare and Institutions Code - WIC § 4856. Section 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. (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 pose a threat to consumers of habilitation services. (2) Sanctions include, but are not limited to, 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 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 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 provider sanctioned under subparagraph (B) or (C) of paragraph (2) of subdivision (b) may request an administrative review as specified in Section 4648.1. (g) Any 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 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.

Cal. Welfare and Institutions Code - WIC § 4857. Section 4857.

The regional center shall purchase habilitation services pursuant to the individual program plan. Habilitation services shall continue as long as satisfactory progress is being made toward achieving the objectives of the individual habilitation service plan or as long as these services are determined by the regional center to be necessary to maintain the individual at their highest level of vocational functioning, or to prepare the individual for referral to vocational rehabilitation services.

Cal. Welfare and Institutions Code - WIC § 4857.1. Section 4857.1.

Regional centers may purchase habilitation services only from providers who are vendored as described in Section 4861 and regulations promulgated pursuant to that section. Habilitation services providers who, on July 1, 2004, are providing services to consumers shall be deemed to be an approved vendor.

Cal. Welfare and Institutions Code - WIC § 4858. Section 4858.

(a) Each work activity program vendor shall, at a minimum, annually review the status of consumers participating in their program to determine whether these individuals would benefit from vocational rehabilitation services, including supported employment. (b) If it is determined that the consumer would benefit from vocational rehabilitation services, the work activity program vendor shall, in conjunction with the regional center and in accordance with the individual program plan process, refer the consumer to the Department of Rehabilitation.

Cal. Welfare and Institutions Code - WIC § 4859. Section 4859.

(a) The department shall adopt regulations to establish rates for work activity program services subject to the approval of the Department of Finance. The regulations shall provide for an equitable and cost-effective ratesetting procedure in which each specific allowable service, activity, and provider administrative cost comprising an overall habilitation service, as determined by the department, reflects the reasonable cost of service. Reasonable costs shall be determined biennially by the department, subject to audit at the discretion of the department. (b) The department shall adopt the existing work activity program rates as of July 1, 2004, that shall remain in effect until the next ratesetting year. (c) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the work activity program rates established by the department.

Cal. Welfare and Institutions Code - WIC § 4860. Section 4860.

(a) (1) The hourly rate for supported employment services shall be set by the department and posted to its internet website. (2) Job coach hours spent in travel to consumer worksites may be reimbursable for individualized services only when the job coach travels from the vendor’s headquarters to the consumer’s worksite or from one consumer’s worksite to another, and only when the travel is one way. (b) The hourly rate for group services shall be set by the department and posted to its internet website. Consumers in a group shall be scheduled to start and end work at the same time, unless an exception that takes into consideration the consumer’s compensated work schedule is approved in advance by the regional center. The department, in consultation with stakeholders, shall adopt regulations to define the appropriate grounds for granting these exceptions. When the number of consumers in a supported employment placement group drops to fewer than the minimum required in subdivision (p) of Section 4851, the regional center may terminate funding for the group services in that group, unless, within 90 days, the program provider adds one or more regional centers, or Department of Rehabilitation-funded supported employment consumers to the group. (c) When Section 4855 applies, fees shall be authorized for the following: (1) A three-hundred-sixty-dollar ($360) fee shall be paid to the program provider upon intake of a consumer into a supported employment program. No fee shall be paid if that consumer completed a supported employment intake process with that same supported employment program within the previous 12 months. (2) A seven-hundred-twenty-dollar ($720) fee shall be paid upon placement of a consumer in an integrated job, except that no fee shall be paid if that consumer is placed with another consumer or consumers assigned to the same job coach during the same hours of employment. (3) A seven-hundred-twenty-dollar ($720) fee shall be paid after a 90-day retention of a consumer in a job, except that no fee shall be paid if that consumer has been placed with another consumer or consumers, assigned to the same job coach during the same hours of employment. (d) Notwithstanding paragraph (4) of subdivision (a) of Section 4648, the regional center shall pay the supported employment program rates established by this section. (e) The department, with regional center participation, shall conduct an annual survey of providers, in a format determined by the department, to collect the following information: (1) The number of employment placements in the previous 12 months. (2) Types of employment in which consumers are placed. (3) The cost components of the rates in subdivisions (a) and (b), including, but not limited to, the amount used for hourly wages of job coaches, administration, and placement search costs. (4) The number of hours each consumer works and the consumer’s hourly wage. (5) Any other information determined by the department. (f) In its 2017–18 May Revision fiscal estimate, the department shall describe the results of the survey described in subdivision (e).

Cal. Welfare and Institutions Code - WIC § 4861. Section 4861.

The regional center may vendor new work activity or supported employment programs, after determining the capacity of the program to deliver effective services, and assessing the ability of the program to comply with CARF requirements. (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 rate posted on the department’s internet website. (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) The regional center may approve or disapprove proposals submitted by new or existing vendors based on all of the following 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.

Cal. Welfare and Institutions Code - WIC § 4862. Section 4862.

(a) The length of a work activity program day shall not be less than five hours, excluding the lunch period. (b) (1) Except as provided in paragraph (2), the length of a work activity program day shall not be reduced from the length of the work activity program day in the historical period that was the basis for the approved habilitation services rate. (2) (A) A work activity program may, upon consultation with, and prior written approval from, the regional center, change the length of a work activity program day. (B) If the regional center approves a reduction in the work activity program day pursuant to subparagraph (A), the department may change the work activity program rate. (c) (1) A work activity program may change the length of a work activity program day for a specific consumer in order to meet the needs of that consumer, if the regional center, upon the recommendation of the individual program planning team, approves the change. (2) The work activity program shall specify in writing to the regional center the reasons for any proposed change in a work activity program day on an individual basis.

Cal. Welfare and Institutions Code - WIC § 4863. Section 4863.

(a) In accordance with regulations adopted by the department, and if agreed upon by the work activity program and the regional center, hourly billing shall be permitted, provided that it does not increase the regional center’s costs when used in lieu of full-day billing. A work activity program shall be required to submit a request for the hourly billing option to the regional center not less than 60 days prior to the program’s proposed implementation of this billing option. (b) If a work activity program and the regional center elect to utilize hourly billing, the hourly billing process shall be required to be used for a minimum of one year. (c) When the hourly billing process is being used, the definitions contained in subdivisions (h) and (i) of Section 4851 shall not apply.

Cal. Welfare and Institutions Code - WIC § 4864. Section 4864.

The department shall authorize payment for absences in work activity programs and supported employment programs that are directly consequent to a declaration of a State of Emergency by the Governor. If the department authorizes payment for absences due to a state of emergency, the vendor shall bill only for absences in excess of the average number of absences experienced by the vendor during the 12-month period prior to the month in which the disaster occurred.

Cal. Welfare and Institutions Code - WIC § 4865. Section 4865.

At the request of the Department of Rehabilitation, a work activity or supported employment program or both shall release accreditation and state licensing reports and consumer special incident reports as required by law or regulations in instances of suspected abuse.

Cal. Welfare and Institutions Code - WIC § 4865.1. Section 4865.1.

(a) A regional center shall continue to pay the rate in effect as of June 30, 2004, for a supported employment placement group composed of a coach-to-client ratio of 1:3 when the provider submits to the State Department of Developmental Services and the regional center, by July 30, 2004, documentation that all of the following conditions apply: (1) The group was established prior to July 1, 2002. (2) The group was at the 1:3 ratio on May 1, 2004. (3) The employer will only accommodate a group of three. (b) In consultation with the regional center, the State Department of Developmental Services shall determine whether the requirements of this section have been met. The department’s decision shall be final. (c) Groups paid under this section shall meet the requirements of subdivision (r) of Section 4851 by July 1, 2005, or be subject to termination of funding pursuant to subdivision (b) of Section 4860.

Cal. Welfare and Institutions Code - WIC § 4866. Section 4866.

The department may promulgate emergency regulations to carry out the provisions of this chapter. If the Department of Developmental Services promulgates emergency regulations, the adoption of the regulations shall be deemed necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of subdivision (b) of Section 11346.1 of the Government Code.

Cal. Welfare and Institutions Code - WIC § 4867. Section 4867.

Nothing in this chapter shall be interpreted to mean that work activity programs or supported employment programs cannot serve consumers who are funded by agencies other than regional centers, including, but not limited to, the Department of Rehabilitation.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026