Why self determination and what’s in it for you? In October of 2013, the California Governor signed SB486 into law creating a statewide Self Determination Program that offers regional center consumers a voluntary alternative to the traditional system and more control over the services they receive and the individuals who support them.
As authorized in Welfare and Institutions Code, Section 4685.8, “the Self-Determination Program (SDP) is a voluntary delivery system consisting of a mix of services and supports, selected and directed by a participant through person-centered planning, in order to meet the objectives in his or her Individual Program Plan (IPP). Self-determination services and supports are designed to assist the participant to achieve personally defined outcomes in community settings that promote inclusion.”
The new California Self Determination Program is based on a 15-year old pilot program in which almost 200 individuals participated in a test of Self Determination in five regional centers. The pilot program has been a resounding success and, after many attempts, it is finally being expanded throughout California.
What is SB486?
The California Senate Bill SB486 creates a statewide Self Determination Program which is a voluntary alternative to the traditional way of providing regional center services.
Under the current law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services contracts with regional centers to provide services and supports to individuals with developmental disabilities. Under the existing law, the regional centers purchase needed services and supports for individuals with developmental disabilities through approved service providers, or arrange for their provision through other publicly funded agencies. In other words, the regional centers decide which services are provided by whom, without any input from you.
When the new Self Determination Program takes effect, it will provide you, its participant, within an individual budget, greater control over your needed services and supports.
Principles of Self Determination
SB486 is the first law of its kind in the nation and a huge leap forward in the civil rights of individuals with developmental disabilities. The five principles of self determination, which this law advocates, are:
- Freedom, which includes the ability of adults with developmental disabilities to exercise the same rights as all citizens; to establish, with freely chosen supporters, family and friends, where they want to live, with whom they want to live, how their time will be occupied, and who supports them; and, for families, to have the freedom to receive unbiased assistance of their own choosing when developing a plan and to select all personnel and supports to further the life goals of a minor child.
- Authority, which includes the ability of a person with a disability or their family to control a certain sum of dollars in order to purchase services and supports of their choosing.
- Support, which includes the ability to arrange resources and personnel, both formal and informal, that will assist a person with a disability to live a life in his or her community that is rich in community participation and contributions.
- Responsibility, which includes the ability of participants to take responsibility for decisions in their own lives, to be accountable for the use of public dollars, and to accept a valued role in their community through, for example, competitive employment, organizational affiliations, spiritual development, and general caring of others in their community.
- Confirmation, which includes confirmation of the critical role of participants and their families in making decisions in their own lives and designing and operating the system that they rely on.
Why is it important?
The Self Determination Program provides you and your family, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement your IPP. In essence, you or your family member, not the regional center, can set up a wide range of services that help you meet your IPP goals. These could include many services you currently receive from your regional center, however, you are not required to use agencies that are vendored with your regional center.
While you can opt to use the services and supports funded by the regional center, you can also choose unique services and supports that are not traditionally funded by your regional center, including access to some suspended services such as social and recreation programs, camp, non-medical therapies, and respite.
How does it work?
The statewide program will be phased in over 3 years, serving up to 2,500 regional center consumers during the phase-in period, and thereafter, available on a voluntary basis, to all eligible regional center consumers.
While the SB468 does not specify how participants will be chosen during the initial phase-in period, regional centers must insure that the program is available to the diverse group of consumers served in their catchment area.
Each regional center is required to implement the Self Determination Program, initially, by doing the following:
- Contract with local consumer organizations and conduct outreach to consumers and families to provide information about the Self Determination Program and help ensure that the program is available to all participants and communities;
- Collaborate with the local organizations to jointly conduct training on the Self Determination Program for interest consumers and their families.
For answers to the most frequently asked questions about the new Self Determination Program, go here.
