CHAPTER 1.4. Office of the Developmental Services Ombudsperson [4506. - 4506.7.]

Cal. Welfare and Institutions Code - WIC 1.4.

in effect

Cal. Welfare and Institutions Code - WIC § 4506. Section 4506.

The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710, a foster care ombudsperson pursuant to Section 16161 and a Self-Determination Program Ombudsperson pursuant to Section 4685.9. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for individuals served by a regional center by establishing an Office of the Developmental Services Ombudsperson within the State Department of Developmental Services.

Cal. Welfare and Institutions Code - WIC § 4506.1. Section 4506.1.

(a) The Office of the Developmental Services Ombudsperson shall be established as an independent and autonomous entity within the department for the purpose of monitoring the implementation of this division, including, but not limited to, both of the following: (1) The Self-Determination Program, as established in Section 4685.8. (2) The California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) as it pertains to infants and toddlers applying to or eligible for early intervention services under Section 95014 of the Government Code. (3) The Lanterman Developmental Disabilities Services Act pursuant to Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), and Division 4.7 (commencing with Section 4900), and the California Early Intervention Services Act pursuant to Title 14 (commencing with Section 95000) of the Government Code. (b) The office shall be responsible for receiving and resolving complaints, conducting investigations, suggesting systematic changes, and resolving various issues that may include, but are not limited to, inquiries, questions, or requests for information, assistance, or facilitation in navigating service access. (c) The Office of the Developmental Services Ombudsperson shall be headed by an individual, to be known as the Developmental Services Ombudsperson. (d) For purposes of this chapter, “individuals served by a regional center” includes all of the following: (1) Individuals who receive services through a regional center under this division, including individuals who are in the intake process, are pending assessment, or have reached out to regional centers for information about eligibility. (2) Individuals who are participating in the early start program under Title 14 (commencing with Section 95000) of the Government Code, including individuals who are in the intake process, pending assessment, or have reached out to regional centers for information about eligibility. (3) Individuals who are determined to be eligible for regional center services under this division, but are not receiving services from a regional center. (e) Pursuant to subdivision (a) of Section 9717, the Office of the Developmental Services Ombudsperson shall enter into a memorandum of understanding with the Office of the State Long-Term Care Ombudsman within the California Department of Aging to coordinate the provision of ombudsperson services for regional center clients residing in long-term care facilities.

Cal. Welfare and Institutions Code - WIC § 4506.2. Section 4506.2.

(a) The Director of Developmental Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committee’s input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director shall select the committee members, the majority of whom shall be representatives of advocacy organizations and consumers or family members. If, after 90 days, the committee does not provide input, the director may make the appointment. The 90 days begins after the director seeks input from the committee. The director may reappoint the ombudsperson for consecutive terms. (b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent, and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers. (c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within a reasonable period from the date the office became vacant. The acting ombudsperson shall not remain in office longer than a reasonable period before a new ombudsperson is appointed pursuant to this section. If, after six months, the position remains vacant, the director shall provide an update at the next legislative briefing pursuant to Section 4474.17.

Cal. Welfare and Institutions Code - WIC § 4506.3. Section 4506.3.

The Developmental Services Ombudsperson, in consultation with the department, shall hire the necessary personnel to perform the functions of the office. While all employees within the office shall maintain expertise in the programs described in Section 4506.1, the office shall maintain, at minimum, one person with significant expertise in the Self-Determination Program, as established in Section 4685.8. The ombudsperson shall endeavor to hire individuals with lived experience with the developmental services system, including, but not limited to, individuals with developmental disabilities.

Cal. Welfare and Institutions Code - WIC § 4506.4. Section 4506.4.

(a) The Office of the Developmental Services Ombudsperson shall do all of the following: (1) (A) Disseminate information and provide training and technical assistance to individuals served by a regional center, family members, regional center staff, tribes, advocacy groups, service provider organizations, and other interested parties on the rights of persons with developmental disabilities and services provided by the office. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary, to adequately investigate and resolve a complaint. The information and training shall include information about the rights of persons with developmental disabilities under this division, including the rights specified in Chapter 1.3 (commencing with Section 4502) and the Self-Determination Program under Section 4685.8. (B) Commencing on January 1, 2028, at the end of every two-year legislative session, review amendments to the laws applicable to individuals served by a regional center and recommend to the department any updates to materials published by the department. The department, if workload capacity allows using existing resources, shall update those documents to the best of its ability after receiving recommendations from the ombudsperson. (2) Receive complaints made by or on behalf of individuals served by a regional center related to their care, placement, or services. (3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding, including attempting to facilitate solutions to disagreements about eligibility and services. (4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office. (5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome. (6) (A) Compile and make available data to the Legislature in their quarterly legislative updates. This data shall include, but is not limited to, the number of contacts to the office, the number of contacts specific to the Self-Determination Program, the number of complaints made and the modality of the submission of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of resolving complaints, the number of referrals made, and the number of unresolved contacts. The office shall include recommendations consistent with this data for improving the developmental services system. (B) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the developmental services system. (C) The deidentified compiled data shall be posted so that it is available to the public on the existing internet website of the office. (D) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph. (7) Have access to copies of any record of a state agency, local agency, or regional center, and contractors or vendors with the state agency, local agencies, and regional centers that is necessary to carry out their responsibilities, and may meet or communicate with an individual served by a regional center in their placement or elsewhere. (b) The office may present the data compiled under subparagraph (A) of paragraph (6) of subdivision (a) on an annual basis at appropriate conferences, forums, and other events, as determined by the ombudsperson, that may include presentations to, but are not limited to, representatives of the Legislature, the Association of Regional Center Agencies, the State Council on Developmental Disabilities, tribes, developmental services organizations, advocacy groups, consumer and service provider organizations, and other interested parties. (c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the developmental services system to the Legislature and state and local agencies that provide services and supports to an individual served by a regional center. (2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws, except as authorized by law. (3) If an individual served by a regional center is represented by a conservator, legal guardian, or counsel, the office may notify the conservator, legal guardian, or counsel of a complaint in order for those entities to satisfy their obligations specified in this division. Notifying these entities of an investigation shall not limit the ombudsperson’s ability to investigate or resolve a complaint or take any other action authorized by this section. If appropriate, the office may also share the outcome of any investigation performed by the office with the consumer’s conservator, legal guardian, or counsel.

Cal. Welfare and Institutions Code - WIC § 4506.5. Section 4506.5.

As part of the office’s efforts to resolve complaints related to the developmental services system, the ombudsperson may do all of the following: (a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings. (b) Develop and maintain a page on the department’s internet website with information about the office, how to access the office, including via an online portal to submit questions and complaints, general information about this division and regional centers, and links to relevant materials. (c) Conduct whatever investigation reasonably related to the complaint and to developmental services that the ombudsperson deems necessary, including, but not limited to, both of the following: (1) Access to, and inspection of, premises within the control of a state agency, local agency, or a regional center, or a contractor or vendor with a state agency, local agency, or regional center, and access to, and inspection of, a licensed or approved residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and individuals served by a regional center at all times for the purpose of carrying out the duties of the office. (A) For purposes of this section, “access” means the right to do all of the following: (i) Enter any licensed or approved developmental services residential facility, upon providing identification. A private home may be entered only with consent of the individual served by a regional center or their legal representative. (ii) Communicate privately and without restriction with any individual served by a regional center, caregiver, staff, personnel, or volunteer. (iii) Review and copy any record of an individual served by a regional center or caregiver file. (iv) Observe all resident and staff areas of a facility. (v) Review and reproduce administrative records, policies, and documents of any licensed or approved developmental services care facility. (vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order. (vii) Interview all relevant witnesses. (B) For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege, unless the holder of the privilege, without coercion, previously disclosed a significant part of the material or consents to disclose the material to the ombudsperson, as provided in Section 912 of the Evidence Code. (2) Observe proceedings and attend hearings, consistent with this division. (d) Attempt to resolve the complaint. (e) Submit a written plan to the relevant state agency, local agency, or regional center, or a contractor or vendor with the state agency, local agency, or regional center, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state agency, regional center, or vendor or contractor, shall submit a written response to the ombudsperson within 30 calendar days. (f) Periodically convene a focus group to advise the office in the performance of its duties described in this chapter. The focus group shall include, but not be limited to, consumers and families across different geographic regions of the state, representatives of diverse racial and ethnic backgrounds, ages, and disabilities, and representatives of regional centers, service providers, and advocacy and community-based organizations. (g) Recommend to the department any changes to laws, regulations, policies, or communications, including, but not limited to, forms and other actions.

Cal. Welfare and Institutions Code - WIC § 4506.6. Section 4506.6.

In order to encourage candor during the ombudsperson’s investigation of complaints made by or on behalf of an individual served by a regional center and to facilitate the ombudsperson’s ability to resolve complaints, all of the following shall apply: (a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter. (b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter. (c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the Developmental Services Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees. (d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state agency, local agency, regional center, or their contractors or vendors, in the conduct of the employees’ official duties, the ombudsperson shall refer the matter to the regional center or vendor’s director, or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency.

Cal. Welfare and Institutions Code - WIC § 4506.7. Section 4506.7.

(a) The office shall establish a toll-free number. (b) Regional center case managers shall provide consumers, and, if appropriate, their parents, legal guardians, conservator, or authorized representative, with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office during the annual individualized program plan or individual family service plan meetings.

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