Senate Bill 1608

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1608

    By Senator Silver





    38-1102-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to developmental disabilities;

  3         amending s. 393.063, F.S.; redefining the term

  4         "intermediate care facility for the

  5         developmentally disabled" and "residential

  6         habilitation center"; defining the term "least

  7         restrictive" with respect to placements of

  8         persons with developmental disabilities;

  9         amending s. 393.0651, F.S.; revising criteria

10         for the placement of clients; amending s.

11         393.067, F.S.; requiring unannounced monthly

12         inspections and reviews of residential

13         facilities and comprehensive transitional

14         education programs; providing for the licensure

15         of facilities as intermediate care facilities

16         for the developmentally disabled; amending s.

17         393.068, F.S.; deleting legislative recognition

18         of deinstitutionalization; amending s. 393.13,

19         F.S.; revising legislative intent with respect

20         to treatment and services for persons with

21         developmental disabilities; providing for an

22         annual plan for implementation of treatment

23         programs; providing for priority of legislative

24         funding; providing for civil actions to enforce

25         the rights of such persons; providing for

26         recovery of damages, costs, and attorney's

27         fees; amending ss. 92.53, 914.16, 914.17, and

28         918.16, F.S.; conforming cross-references;

29         repealing ss. 393.165 and 393.166, F.S., which

30         provide legislative findings and provide for

31         licensure of facilities under the Intermediate

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1         Care Facility for the Developmentally Disabled

  2         Program; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Present subsection (30) of section 393.063,

  7  Florida Statutes, 1998 Supplement, is amended, present

  8  subsections (32) through (41) and present subsections (43)

  9  through (54) are renumbered as subsections (33) through (42)

10  and subsections (44) through (55), respectively, present

11  subsection (42) is renumbered as subsection (43) and amended,

12  and a new subsection (32) is added to that section, to read:

13         393.063  Definitions.--For the purposes of this

14  chapter:

15         (30)  "Intermediate care facility for the

16  developmentally disabled" or "ICF/DD" means a

17  state-owned-and-operated residential facility licensed in

18  accordance with state law, and certified by the Federal

19  Government pursuant to the Social Security Act, as a provider

20  of Medicaid services to persons who are mentally retarded or

21  who have related conditions. The capacity of such a facility

22  shall not be more than 120 clients.

23         (32)  "Least restrictive" means a placement,

24  residential or otherwise, that maximizes opportunities for the

25  most normalized lifestyle possible for an individual with

26  developmental disabilities based on that individual's unique

27  needs.

28         (43)(42)  "Residential habilitation center" means a

29  community residential facility operated primarily for the

30  diagnosis, treatment, habilitation, or rehabilitation of its

31  residents, which facility provides, in a structured

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1  residential setting, individualized continuing evaluation,

  2  planning, 24-hour supervision, and coordination and

  3  integration of health or rehabilitative services to help each

  4  resident reach his or her maximum functioning capabilities.

  5  The capacity of such a facility shall not be less than nine

  6  residents.  After October 1, 1989, no new residential

  7  habilitation centers shall be licensed and the licensed

  8  capacity shall not be increased for any existing residential

  9  habilitation center.

10         Section 2.  Section 393.0651, Florida Statutes, is

11  amended to read:

12         393.0651  Family or individual support plan.--The

13  department shall provide for an appropriate family support

14  plan for children ages birth to 18 years of age and an

15  individual support plan for each client. The parent or

16  guardian of the client or, if competent, the client, or, when

17  appropriate, the client advocate, shall be consulted in the

18  development of the plan and shall receive a copy of the plan.

19  Each plan shall include the most appropriate, least

20  restrictive, and most cost-beneficial environment for

21  accomplishment of the objectives for client progress and a

22  specification of all services authorized. The plan shall

23  include provisions for the most appropriate level of care for

24  the client. Within the specification of needs and services for

25  each client, when residential care is necessary, the

26  department shall move toward placement of clients in

27  residential facilities based within the client's community.

28  The ultimate goal of each plan, whenever possible, shall be to

29  enable the client to live a dignified life in the least

30  restrictive setting possible, based on the individual's unique

31  needs, be that in the home or in the community. For children

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1  under 6 years of age, the family support plan shall be

  2  developed within the 45-day application period as specified in

  3  s. 393.065(1); for all applicants 6 years of age or older, the

  4  family or individual support plan shall be developed within

  5  the 60-day period as specified in that subsection.

  6         (1)  The department shall develop and specify by rule

  7  the core components of support plans to be used by each

  8  district.

  9         (2)(a)  The family or individual support plan shall be

10  integrated with the individual education plan (IEP) for all

11  clients who are public school students entitled to a free

12  appropriate public education under the Individuals with

13  Disabilities Education Act, I.D.E.A., as amended. The family

14  or individual support plan and IEP shall be implemented to

15  maximize the attainment of educational and habilitation goals.

16  If the IEP for a student enrolled in a public school program

17  indicates placement in a public or private residential program

18  is necessary to provide special education and related services

19  to a client, the local education agency shall provide for the

20  costs of that service in accordance with the requirements of

21  the Individuals with Disabilities Education Act, I.D.E.A., as

22  amended. This shall not preclude local education agencies and

23  the department from sharing the residential service costs of

24  students who are clients and require residential placement.

25  Under no circumstances shall clients entitled to a public

26  education or their parents be assessed a fee by the department

27  under s. 402.33 for placement in a residential program.

28         (b)  For clients who are entering or exiting the school

29  system, an interdepartmental staffing team composed of

30  representatives of the department and the local school system

31  shall develop a written transitional living and training plan

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1  with the participation of the client or with the parent or

  2  guardian of the client, or the client advocate, as

  3  appropriate.

  4         (3)  Each family or individual support plan shall be

  5  facilitated through case management designed solely to advance

  6  the individual needs of the client.

  7         (4)  In the development of the family or individual

  8  support plan, a client advocate may be appointed by the

  9  support planning team for a client who is a minor or for a

10  client who is not capable of express and informed consent

11  when:

12         (a)  The parent or guardian cannot be identified;

13         (b)  The whereabouts of the parent or guardian cannot

14  be discovered; or

15         (c)  The state is the only legal representative of the

16  client.

17

18  Such appointment shall not be construed to extend the powers

19  of the client advocate to include any of those powers

20  delegated by law to a legal guardian.

21         (5)  The department shall place a client in the most

22  appropriate and least restrictive, and cost-beneficial,

23  residential facility according to his or her individual

24  habilitation plan. The parent or guardian of the client or, if

25  competent, the client, or, when appropriate, the client

26  advocate, and the administrator of the residential facility to

27  which placement is proposed shall be consulted in determining

28  the appropriate placement for the client. Considerations for

29  placement shall be made in the following order:

30         (a)  Client's own home or the home of a family member

31  or direct service provider.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1         (b)  Foster care facility.

  2         (c)  Group home facility.

  3         (d)  Intermediate care facility for the developmentally

  4  disabled.

  5         (e)  Other facilities licensed by the department which

  6  offer special programs for people with developmental

  7  disabilities.

  8         (f)  Developmental services institution.

  9         (6)  In developing a client's annual family or

10  individual support plan, the individual or family with the

11  assistance of the support planning team shall identify

12  measurable objectives for client progress and shall specify a

13  time period expected for achievement of each objective.

14         (7)  The individual, family, and support coordinator

15  shall review progress in achieving the objectives specified in

16  each client's family or individual support plan, and shall

17  revise the plan annually, following consultation with the

18  client, if competent, or with the parent or guardian of the

19  client, or, when appropriate, the client advocate. The

20  department shall annually report in writing to the client, if

21  competent, or to the parent or guardian of the client, or to

22  the client advocate, when appropriate, with respect to the

23  client's habilitative and medical progress.

24         (8)  Any client, or any parent of a minor client, or

25  guardian, authorized guardian advocate, or client advocate for

26  a client, who is substantially affected by the client's

27  initial family or individual support plan, or the annual

28  review thereof, shall have the right to file a notice to

29  challenge the decision pursuant to ss. 120.569 and 120.57.

30  Notice of such right to appeal shall be included in all

31  support plans provided by the department.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1         Section 3.  Subsections (2), (3), (9), (11), and (19)

  2  of section 393.067, Florida Statutes, 1998 Supplement, are

  3  amended to read:

  4         393.067  Licensure of residential facilities and

  5  comprehensive transitional education programs.--

  6         (2)  The department shall conduct unannounced monthly

  7  inspections and reviews of residential facilities and

  8  comprehensive transitional education programs annually.

  9         (3)  An application for a license for a residential

10  facility or a comprehensive transitional education program

11  shall be made to the department of Health and Rehabilitative

12  Services on a form furnished by it and shall be accompanied by

13  the appropriate license fee.

14         (9)  The department and the Agency for Health Care

15  Administration, after consultation with the Department of

16  Community Affairs, shall adopt rules for residential

17  facilities under the respective regulatory jurisdiction of

18  each establishing minimum standards for the preparation and

19  annual update of a comprehensive emergency management plan.

20  At a minimum, the rules must provide for plan components that

21  address emergency evacuation transportation; adequate

22  sheltering arrangements; postdisaster activities, including

23  emergency power, food, and water; postdisaster transportation;

24  supplies; staffing; emergency equipment; individual

25  identification of residents and transfer of records; and

26  responding to family inquiries.  The comprehensive emergency

27  management plan for all intermediate care facilities for the

28  developmentally disabled, facilities serving seven or more

29  people, and homes serving individuals who have complex medical

30  conditions is subject to review and approval by the local

31  emergency management agency.  During its review, the local

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1  emergency management agency shall ensure that the following

  2  agencies, at a minimum, are given the opportunity to review

  3  the plan: the Agency for Health Care Administration, the

  4  Department of Children and Family Health and Rehabilitative

  5  Services, and the Department of Community Affairs. Also,

  6  appropriate volunteer organizations must be given the

  7  opportunity to review the plan.  The local emergency

  8  management agency shall complete its review within 60 days and

  9  either approve the plan or advise the facility of necessary

10  revisions.

11         (11)  The department may conduct announced unannounced

12  inspections in addition to the unannounced monthly inspections

13  required under subsection (2).  All inspections, whether

14  announced or unannounced, shall be designed to determine

15  compliance by residential facilities and comprehensive

16  transitional education programs with the applicable provisions

17  of this chapter and the rules adopted pursuant hereto,

18  including the rules adopted for training staff of a facility

19  or a program to detect and prevent sexual abuse of residents

20  and clients. The facility or program shall make copies of

21  inspection reports available to the public upon request.

22         (19)  The department shall develop a plan by March 15,

23  1991, to phase out all of the unlicensed beds in developmental

24  services institutions by December 30, 1999, and, contingent

25  upon appropriations, ensure that all beds operating after that

26  date are licensed as intermediate care facilities for the

27  developmentally disabled. This plan must address among other

28  issues the transfer of funds from developmental services

29  institutions to the community.

30         Section 4.  Subsection (1) of section 393.068, Florida

31  Statutes, is amended to read:

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1         393.068  Family care program.--

  2         (1)  The family care program is established for the

  3  purpose of providing services and support to families and

  4  individuals with developmental disabilities in order to

  5  maintain the individual in the home environment and avoid

  6  costly out-of-home residential placement.  The Legislature

  7  recognizes the importance of family support in the long-range

  8  success of deinstitutionalization. Services and support

  9  available to families and individuals with developmental

10  disabilities shall emphasize community living and enable

11  individuals with developmental disabilities to enjoy typical

12  lifestyles.  Support and flexibility in coordinating support

13  and services are core elements in caring for the individual

14  who is developmentally disabled. One way to accomplish this is

15  to recognize that families are the greatest resource available

16  to individuals who have developmental disabilities and that

17  families must be supported in their role as primary care

18  givers. Services and support authorized under this program

19  shall include the services listed under s. 393.066(4) and, in

20  addition, shall include, but not be limited to:

21         (a)  Attendant care.

22         (b)  Barrier-free modifications to the home.

23         (c)  Home visitation by agency workers.

24         (d)  In-home subsidies.

25         (e)  Low-interest loans.

26         (f)  Parent training.

27         (g)  Respite care.

28         (h)  Modifications for vehicles used to transport the

29  individual with a developmental disability.

30         (i)  Facilitated communication.

31         (j)  Family counseling.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1         (k)  Equipment and supplies.

  2         (l)  Self-advocacy training.

  3         (m)  Roommate services.

  4         (n)  Integrated community activities.

  5         (o)  Emergency services.

  6         (p)  Support coordination.

  7         (q)  Other support services as identified by the family

  8  or individual.

  9         Section 5.  Paragraphs (b) and (d) of subsection (2) of

10  section 393.13, Florida Statutes, are amended, and subsection

11  (8) is added to that section, to read:

12         393.13  Personal treatment of persons who are

13  developmentally disabled.--

14         (2)  LEGISLATIVE INTENT.--

15         (b)  The Legislature further finds and declares that

16  the design and delivery of treatment and services to persons

17  who are developmentally disabled should be directed by the

18  principles of normalization and therefore should:

19         1.  Abate the use of large institutions.

20         1.2.  Continue the development of community-based

21  services as an alternative to institutional placement when

22  appropriate and based on the individual's unique needs which

23  provide reasonable alternatives to institutionalization in

24  settings that are least restrictive to the client.

25         2.3.  Provide training and education to individuals who

26  are developmentally disabled which will maximize their

27  potential to lead independent and productive lives and which

28  will, when appropriate, afford opportunities for outward

29  mobility from institutions.

30         (d)  It is the intent of the Legislature that all

31  persons with developmental disabilities shall have all the

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1  rights enjoyed by all other citizens of the state and the

  2  United States and, therefore, the Legislature intends:

  3         1.  To articulate the existing legal and human rights

  4  of persons who are developmentally disabled so that they may

  5  be exercised and protected. Persons with developmental

  6  disabilities shall have all the rights enjoyed by citizens of

  7  the state and the United States.

  8         2.  To provide a mechanism for the identification,

  9  evaluation, and treatment of persons with developmental

10  disabilities.

11         3.  To divert those individuals from institutional

12  commitment who, by virtue of individualized comprehensive

13  assessment, can be placed in a community residence or

14  community program less costly, more effective community

15  environments and programs.

16         4.  To develop an annual a plan which will indicate the

17  most effective and efficient manner in which to implement

18  treatment programs and residential placements which are

19  meaningful to individuals with developmental disabilities,

20  while safeguarding and respecting the legal and human rights

21  of such individuals. Each annual plan shall review and revise

22  the previous year's annual plan.

23         5.  Once the annual plan developed under the provisions

24  of subparagraph 4. is presented to the Legislature, to fund

25  the recommended treatment programs and residential placements

26  to the fullest extent possible within improvements in the

27  program in accordance with the availability of state

28  resources, and to make such funding a legislative priority

29  yearly priorities determined by the Legislature.

30

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1         6.  To ensure that persons with developmental

  2  disabilities receive treatment and habilitation which fosters

  3  the developmental potential of the individual.

  4         7.  To provide programs for the proper habilitation and

  5  treatment of persons with developmental disabilities which

  6  shall include, but not be limited to, comprehensive

  7  medical/dental care, education, recreation, specialized

  8  therapies, training, social services, transportation,

  9  guardianship, family care programs, day services, and

10  habilitative and rehabilitative services suited to the needs

11  of the individual regardless of age, degree of disability, or

12  handicapping condition, or ability. No person with

13  developmental disabilities shall be deprived of these

14  enumerated services by reason of inability to pay.

15         8.  To facilitate fully effectuate the normalization

16  principle through the establishment of community services for

17  persons with developmental disabilities as an a viable and

18  practical alternative to institutional care, when appropriate,

19  at each stage of individual life development.

20         9.  To ensure that if care in a residential facility

21  becomes necessary, residential placements it shall be in the

22  least restrictive setting possible based on the individual's

23  unique needs.

24         (8)  CIVIL ENFORCEMENT.--

25         (a)  Any person with a developmental disability whose

26  rights as specified in this section are deprived or infringed

27  upon shall have an action against any licensee or state agency

28  responsible for the violation. The action may be brought by

29  the individual or his or her guardian, by a person or

30  organization acting on behalf of the individual with the

31  consent of the individual or his or her guardian, or by the

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1  personal representative of the estate of a deceased individual

  2  when the cause of death resulted from the deprivation of or

  3  infringement upon the decedent's rights. The action may be

  4  brought in any court of competent jurisdiction to enforce such

  5  rights and to recover actual and punitive damages for any

  6  deprivation of or infringement upon the rights of an

  7  individual. Any plaintiff who prevails in any such action may

  8  be entitled to recover reasonable attorney's fees, costs of

  9  the action, and damages, unless the court finds that the

10  plaintiff has acted in bad faith, with malicious purpose, and

11  that there was a complete absence of a justiciable issue of

12  either law or fact. Prevailing defendants may be entitled to

13  recover reasonable attorney's fees pursuant to s. 57.105. The

14  remedies provided in this subsection are in addition to and

15  cumulative with other legal and administrative remedies

16  available to an individual and to the agency.

17         (b)  Attorney's fees shall be based on the following

18  criteria:

19         1.  The time and labor required.

20         2.  The novelty and difficulty of the questions.

21         3.  The skill requisite to perform the legal services

22  properly.

23         4.  The preclusion of other employment by the attorney

24  due to the acceptance of the case.

25         5.  The customary fee.

26         6.  Whether the fee is fixed or contingent.

27         7.  The amount involved or the results obtained.

28         8.  The experience, reputation, and ability of the

29  attorney.

30         9.  The type of fee arrangement between the attorney

31  and the client.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1         10.  Whether the relevant market requires a contingency

  2  fee multiplier to obtain competent counsel.

  3         11.  Whether the attorney was able to mitigate the risk

  4  of nonpayment in any way.

  5         (c)  For the purposes of this subsection, punitive

  6  damages may be awarded for conduct which is willful, wanton,

  7  gross or flagrant, reckless, or consciously indifferent to the

  8  rights of the individual.

  9         Section 6.  Subsection (1) of section 92.53, Florida

10  Statutes, is amended to read:

11         92.53  Videotaping of testimony of victim or witness

12  under age 16 or person with mental retardation.--

13         (1)  On motion and hearing in camera and a finding that

14  there is a substantial likelihood that a victim or witness who

15  is under the age of 16 or who is a person with mental

16  retardation as defined in s. 393.063(45)(41) would suffer at

17  least moderate emotional or mental harm due to the presence of

18  the defendant if the child or person with mental retardation

19  is required to testify in open court, or that such victim or

20  witness is otherwise unavailable as defined in s. 90.804(1),

21  the trial court may order the videotaping of the testimony of

22  the victim or witness in a case, whether civil or criminal in

23  nature, in which videotaped testimony is to be utilized at

24  trial in lieu of trial testimony in open court.

25         Section 7.  Section 914.16, Florida Statutes, is

26  amended to read:

27         914.16  Child abuse and sexual abuse of victims under

28  age 16 or persons with mental retardation; limits on

29  interviews.--The chief judge of each judicial circuit, after

30  consultation with the state attorney and the public defender

31  for the judicial circuit, the appropriate chief law

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1  enforcement officer, and any other person deemed appropriate

  2  by the chief judge, shall provide by order reasonable limits

  3  on the number of interviews that a victim of a violation of s.

  4  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

  5  or a victim of a violation of s. 794.011, s. 800.02, s.

  6  800.03, or s. 825.102 who is a person with mental retardation

  7  as defined in s. 393.063(45)(41) must submit to for law

  8  enforcement or discovery purposes.  The order shall, to the

  9  extent possible, protect the victim from the psychological

10  damage of repeated interrogations while preserving the rights

11  of the public, the victim, and the person charged with the

12  violation.

13         Section 8.  Subsection (2) of section 914.17, Florida

14  Statutes, is amended to read:

15         914.17  Appointment of advocate for victims or

16  witnesses who are minors or persons with mental retardation.--

17         (2)  An advocate shall be appointed by the court to

18  represent a person with mental retardation as defined in s.

19  393.063(45)(41) in any criminal proceeding if the person with

20  mental retardation is a victim of or witness to abuse or

21  neglect, or if the person with mental retardation is a victim

22  of a sexual offense or a witness to a sexual offense committed

23  against a minor or person with mental retardation. The court

24  may appoint an advocate in any other criminal proceeding in

25  which a person with mental retardation is involved as either a

26  victim or a witness. The advocate shall have full access to

27  all evidence and reports introduced during the proceedings,

28  may interview witnesses, may make recommendations to the

29  court, shall be noticed and have the right to appear on behalf

30  of the person with mental retardation at all proceedings, and

31  may request additional examinations by medical doctors,

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1  psychiatrists, or psychologists. It is the duty of the

  2  advocate to perform the following services:

  3         (a)  To explain, in language understandable to the

  4  person with mental retardation, all legal proceedings in which

  5  the person shall be involved;

  6         (b)  To act, as a friend of the court, to advise the

  7  judge, whenever appropriate, of the person with mental

  8  retardation's ability to understand and cooperate with any

  9  court proceedings; and

10         (c)  To assist the person with mental retardation and

11  the person's family in coping with the emotional effects of

12  the crime and subsequent criminal proceedings in which the

13  person with mental retardation is involved.

14         Section 9.  Section 918.16, Florida Statutes, is

15  amended to read:

16         918.16  Sex offenses; testimony of person under age 16

17  or person with mental retardation; courtroom cleared;

18  exceptions.--In the trial of any case, civil or criminal, when

19  any person under the age of 16 or any person with mental

20  retardation as defined in s. 393.063(45)(41) is testifying

21  concerning any sex offense, the court shall clear the

22  courtroom of all persons except parties to the cause and their

23  immediate families or guardians, attorneys and their

24  secretaries, officers of the court, jurors, newspaper

25  reporters or broadcasters, court reporters, and at the request

26  of the victim, victim or witness advocates designated by the

27  state attorney's office.

28         Section 10.  Sections 393.165 and 393.166, Florida

29  Statutes, are repealed.

30         Section 11.  This act shall take effect July 1, 1999.

31

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1608
    38-1102-99                                              See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises criteria for licensure of facilities for persons
  4    with developmental disabilities and for placement of
      clients in those facilities. Requires unannounced monthly
  5    inspections and reviews of residential facilities and
      comprehensive education programs. Revises legislative
  6    intent, under "The Bill of Rights of Persons who are
      Developmentally Disabled," with respect to the treatment
  7    and services provided to such persons. Provides
      legislative intent for development of annual plans for
  8    implementation of treatment programs and residential
      placements, and for making funding of such implementation
  9    a legislative priority. Provides for civil actions to
      enforce the rights of persons with developmental
10    disabilities. Provides for recovery of actual and
      punitive damages, and costs and attorney's fees.
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  17