Code Section Group

Welfare and Institutions Code - WIC

DIVISION 4. MENTAL HEALTH [4000 - 4390]

  ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. )

PART 3. DEPARTMENTAL PROGRAM INITIATIVES [4340 - 4369.4]

  ( Part 3 added by Stats. 1991, Ch. 89, Sec. 51. )

CHAPTER 7. Comprehensive Act for Families and Caregivers of Cognitively Impaired Adults [4362 - 4365]
  ( Chapter 7 repealed and added by Stats. 2013, Ch. 708, Sec. 2. )

4362.
  

The Legislature finds all of the following:

(a) Most people with cognitive impairment who need long-term care live at home or in community settings, not in institutions.

(b) Family members caring for a loved one with cognitive impairment face significant challenges to maintaining physical and mental health as a result of the burdens of caregiving.

(c) The California caregiver resource centers (CRCs) effectively advocate for family caregivers.

(d) The CRCs use evidence-based practices to improve health outcomes for caregivers and the people to whom they provide care.

(e) The services provided by CRCs help families avoid or delay nursing home placement, resulting in significant savings in health care costs to government, individuals, and communities.

(f) The CRC system strengthens the California economy by helping working families who care for a loved one.

(g) The state shall support family caregivers taking care of adults, persons 18 years of age or older, living with cognitive impairment by funding and implementing the California CRCs.

(Repealed and added by Stats. 2013, Ch. 708, Sec. 2. (AB 753) Effective October 10, 2013.)

4362.5.
  

As used in this chapter:

(a) “Caregiver” means any unpaid family member or individual who assumes responsibility for the care of a cognitively impaired adult.

(b) “Cognitive impairment” means significant destruction of brain tissue with resultant loss of brain function. Examples of causes of the impairments are Alzheimer’s disease, stroke, and traumatic brain injury.

(c) “Cognitively impaired adult” means a person whose cognitive impairment has occurred after 18 years of age.

(d) “CRC” means a caregiver resource center.

(e) “Director” means the Director of Health Care Services.

(f) “Family member” means any relative or court-appointed guardian or conservator who is responsible for the care of a cognitively impaired adult.

(g) “Respite care” means substitute care or supervision in support of the caregiver for the purposes of providing relief from the stresses of providing constant care and so as to enable the caregiver to pursue a normal routine and responsibilities. Respite care may be provided in the home or in an out-of-home setting, such as day care centers or short-term placements in inpatient facilities.

(Repealed and added by Stats. 2013, Ch. 708, Sec. 2. (AB 753) Effective October 10, 2013.)

4363.
  

The director shall administer this chapter and establish standards and procedures as the director deems necessary in carrying out the provisions of this chapter. The standards and procedures are not required to be adopted as regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(Amended by Stats. 2014, Ch. 71, Sec. 184. (SB 1304) Effective January 1, 2015.)

4363.5.
  

(a) The director shall do all of the following:

(1) Maintain or enter into contracts directly with nonprofit CRCs to provide direct services to caregivers throughout the state in the existing geographic service areas.

(2) Maintain, or require the CRCs to maintain, a CRC Operations Manual that defines CRC services and procedures and identifies CRC duties and responsibilities.

(b) The director may enter into any contracts under this chapter on a bid or nonbid basis. These contracts shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

(Repealed and added by Stats. 2013, Ch. 708, Sec. 2. (AB 753) Effective October 10, 2013.)

4364.
  

(a) Agencies designated as CRCs by the director shall include in their governing or advisory boards, or both, as required by the director, persons who are representative of the ethnic and socioeconomic character of the area served and the client groups served in the geographic area.

(b) Criteria to be used in selecting CRCs shall include, but not be limited to, the following:

(1) Fiscal stability and sound financial management, including the capability of successful fundraising.

(2) Ability to obtain community support for designation as a CRC within the existing statewide regions recommended by the director.

(3) Ability to carry out the functions specified in Section 4364.5, particularly in delivering necessary programs and services to caregivers taking care of cognitively impaired adults, as defined in subdivision (c) of Section 4362.5.

(Repealed and added by Stats. 2013, Ch. 708, Sec. 2. (AB 753) Effective October 10, 2013.)

4364.5.
  

(a) The CRCs shall deliver services to and advocate for caregivers of cognitively impaired adults, as established in the CRC Operations Manual.

(b) These services shall include, but not be limited to, all of the following:

(1) Specialized information on chronic and disabling conditions and diseases, aging, caregiving issues, and community resources.

(2) Family consultation. Professional staff shall work with families and caregivers to provide support, alleviate stress, examine options, and enable them to make decisions related to the care of cognitively impaired adults. Clinical staff shall provide an assessment of caregiver needs, short- and long-term care planning, and ongoing consultation.

(3) Respite care. The CRCs shall arrange respite services to relieve caregivers of the stress of constant care.

(4) Short-term counseling. The CRCs shall provide up to six one-hour individual counseling sessions to caregivers seeking emotional support, skill development, and strategies to better cope with their caregiving situation.

(5) Support groups. The CRCs shall offer support groups that enable caregivers to share experiences and ideas to ease the stress of their caregiving role.

(6) Legal and financial consultation, including professional legal assistance or referrals to professional legal assistance, that can help caregivers with a variety of issues, including estate planning, trusts, wills, conservatorships, and durable powers of attorney.

(7) Education and training. The CRCs shall organize and conduct education for groups of caregivers and community professionals on a variety of topics related to caregiving.

(c) The amount of each of the services specified in subdivision (b) that are provided shall be determined by local needs and available resources.

(d) Persons receiving services pursuant to this chapter may be required to contribute to the cost of services depending upon their ability to pay, but not to exceed the actual cost thereof.

(Repealed and added by Stats. 2013, Ch. 708, Sec. 2. (AB 753) Effective October 10, 2013.)

4365.
  

Each CRC shall submit progress reports on its activities as required by the director. These reports shall include, but not be limited to, a summary and evaluation of the activities of the CRC. Client, caregiver, service, and cost data shall be provided for each operating CRC.

(Repealed and added by Stats. 2013, Ch. 708, Sec. 2. (AB 753) Effective October 10, 2013.)

WICWelfare and Institutions Code - WIC