California § 4506.5 - As part of the office

§ 4506.5. As part of the office

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.