California Welfare and Institutions Code 4641.1 – (a) The Legislature finds and declares all of the …
(a) The Legislature finds and declares all of the following:
(1) The provision of services that are culturally and linguistically responsive to consumers is instrumental to improving access and equity in the developmental services system.
Terms Used In California Welfare and Institutions Code 4641.1
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Consumer: means a person who has a disability that meets the definition of developmental disability set forth in subdivision (a). See California Welfare and Institutions Code 4512
- Department: means the State Department of Developmental Services. See California Welfare and Institutions Code 4639.80
- Developmental disability: means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. See California Welfare and Institutions Code 4512
- Regional center: means a regional center as that term is used in this chapter. See California Welfare and Institutions Code 4639.80
(2) Direct service professionals are critical to the provision of services and supports to individuals with intellectual and developmental disabilities and their families.
(3) In recognition of the value of effective communication between direct service professionals and the consumers and families they serve, the provision of a pay differential for bilingual and multilingual direct service professionals will increase consumer access to staff who speak their preferred language.
(b) The department, subject to an appropriation, shall establish and implement a system that promotes equity in access to services for regional center consumers by providing a pay differential to direct service professionals who can communicate in a language or medium other than English as part of their regular job duties.
(c) Notwithstanding any other law, a direct service professional described in subdivision (b) is eligible for a bilingual or multilingual differential if both of the following conditions are met:
(1) The duties currently assigned to the direct service professional require regular communication in a language or medium other than English with an individual that has a developmental disability, and when appropriate, their families.
(2) The direct service professional passes an examination certifying their ability to communicate in the language or medium other than English.
(3) For the purpose of this section, “medium other than English” includes, but is not limited to, American Sign Language and other sign languages and augmentative and alternative communication.
(d) The department may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code. The department is exempted from the requirement that it describe specific facts showing the need for immediate action.
(e) Prior to implementation, the department shall provide a report to the Legislature detailing its plan to implement a wage differential for bilingual and multilingual staff.
(Added by Stats. 2021, Ch. 76, Sec. 29. (AB 136) Effective July 16, 2021.)