For two years, ABC10 has been investigating California’s conservatorship
system. Compiled is information to help you understand, navigate and
change the system.
 |
| Credit: ABC10/KXTV |
Author: Andie Judson
SACRAMENTO, Calif. — ABC10 has been investigating California’s conservatorship system for two years.
In season one, we dug into general conservatorships in a five-part investigative series. In our second five-part series, we focused on limited conservatorships for those with disabilities.
Here at ABC10, we stand for you, and we wanted to ensure anyone watching our reporting could thoroughly understand this complicated system. In the aftermath of our reporting, we want to make sure viewers are connected to resources that could help anyone navigate a conservatorship or get involved to push for change.
With the help of system insiders, experts and advocates, we have gathered the information below for the past two years while investigating conservatorships and compiled the following resources for you.
Below you’ll find an index of terminology, the agencies, experts and those impacted by this system that we featured in season two of our investigation, The Price of Care: Taken by the State.
We also provided contact information to the many agencies entrusted with this system to reach out, and provide feedback, and any concerns sparked from our investigation.
Terminology:
Conservatorship: Known as guardianship in states outside California, a conservatorship is a legal arrangement where someone assumes rights and responsibilities over another person who is unable to care for themselves. Conservatorships are a tool to help protect and provide assistance to our most vulnerable populations. Conservatorships must be approved through the probate court. While there are different types of conservatorships in California, limited and general, both have two main ways of taking control - when someone assumes responsibility over another person’s finances, it’s called “conservatorship of the estate.” If someone takes responsibility for an individual’s personal life, decisions and health choices it’s known as “conservatorship of the person.” Often, conservatorship over the person and their estate occur together and are very powerful as the person acting as a conservator can make all choices for the person who is conserved.
General conservatorship: A general conservatorship strips someone completely of their civil rights and gives them to another person. These types of conservatorships are often for the elderly or those with dementia. Conservators in general conservatorships are often family members or professional fiduciaries.
Limited conservatorships: A limited conservatorship gives a conservator specific authority over another person’s life, i.e. “the conservatee.” These conservatorships are specifically tailored to those with disabilities and are called “limited” because they’re supposed to be unique to the individual being conserved. The conservatorship is supposed to limit the powers and civil rights taken from a person to only seven specific items they need assistance with. Conservators in limited conservatorships are often parents, however, the Department of Developmental Services can be appointed as conservators in some cases where other potential conservators are “deemed inappropriate.”
7 powers of limited conservatorship:
Power over the conservatee’s residence or place of living
Access to the conservatee’s confidential records
Give or withhold consent over the conservatee’s marriage
The ability to enter into contracts on behalf of the conservatee
Power over medical decisions
Power over educational decisions
Power over the conservatee’s social and sexual relationships
Lanterman Act: Passed in 1969, this California law ensures people with disabilities have equal rights. To uphold this law, the Department of Developmental Services (DDS) was established as a service system to meet the individual needs of Californians with disabilities. This state agency oversees regional centers which directly provide services to people with disabilities as well as their families. The Lanterman Act is codified in the California Welfare and Institutions Code.
Service coordinator: Service coordinators play an important role in each regional center as they have “cases” or people with disabilities assigned to them. The coordinators are entrusted to conduct an Individualized Program Plan (IPP) that’s unique to the individual. With their IPP plan, the person can get specific services they need that help enable them.
Regional Center Assessment: When a limited conservatorship is petitioned for in probate court, an assessment must be done by the proposed conservatee’s regional center. Service coordinators are responsible for doing this assessment, which is an evaluation of the person that may be conserved. The assessment evaluates the person’s specific needs, and capacity and recommends which of the seven powers should be taken and given to a conservator. It also includes an overall recommendation of whether or not the conservatorship is appointed. The assessment goes to a probate court judge to help them decide whether or not the conservatorship petition should be approved.
Petition: This is the first legal step in conservatorship proceedings. A petition is a legal request, filed in court, to do something. When a conservatorship petition is filed with the probate court, it’s requesting the judicial action of starting conservatorship proceedings, which would lead to the approval of the conservatorship.
Court-appointed attorney: After a conservatorship petition is filed, California law requires the court to appoint/assign a lawyer for the person that may be conserved. This attorney is supposed to be a third party, stand for what the individual wants - like if they want to be conserved or not - and represent their voice and desires in a court of law.
Court investigator: Another action required after a conservatorship petition is filed is for an investigator from the court conduct a review of the person being conserved and the circumstances of their life. Their investigation findings are submitted to the court for the judge to review. If a conservatorship is appointed, the court investigator is also supposed to do annual or bi-annual check-ins of the conserved individual.
Visitation: For general conservatorships and limited conservatorships that have power over social and sexual contacts, restrictions over who the conserved person can and cannot see can be implemented. Many conservatorships we reviewed in our investigation had “visitation,” of loved ones, where family members had to get approval from the conservator and abide by a strict time frame and setting they were allowed to visit the conserved individual within.
Agencies/Organizations:
Department of Developmental Services (DDS): This is the overarching state agency responsible, by law, for overseeing the coordination and delivery of services and support to 400,000-plus (by 2023) Californians with developmental disabilities. DDS has a $12-billion+ budget funded by tax-payers to execute their responsibilities and ensure Californians with disabilities “have the opportunity to make choices and lead independent, productive lives as members of their communities in the least restrictive setting possible.” DDS also serves as a conservator to 400+ individuals.
Regional Centers: There are 21 regional centers throughout the Golden State that execute DDS’ responsibilities of ensuring people with disabilities have equal opportunities. These centers provide an array of services from arranging transportation to speech therapy to adult daycare classes to in-home caregiving.
Probate Court: The probate branch of court falls under each county’s superior court. This segment of the judicial system primarily handles matters such as wills, estates and conservatorships.
California Attorney General: As the state’s chief law officer, the California Attorney General is responsible for ensuring the laws of the state are enforced and safeguarding Californians from harm. This state entity has three main legal services divisions to uphold these responsibilities: Division of Civil Law, Division of Criminal Law, and Division of Public Rights. The California Attorney General is also responsible for representing state agencies and officials in a court of law.
Disability Rights California (DRC): This non-profit agency is designated under federal law to protect and advocate for the rights of Californians with disabilities. The organization has a number of programs and branches including litigation, legal representation, advocacy services, investigations and public policy and provides information to those with disabilities.
DRC Office of Clients Rights Advocacy (OCRA): This is a branch within Disability Rights California funded by the Department of Developmental Services, OCRA was created in the late nineties by the state legislature for “independent client rights advocacy by people who are not employed by regional centers (or) the Department of Developmental Services.” OCRA has at least one “advocate” assigned to support the clients of each of California’s 21 regional centers.
California Auditor: The California Auditor’s Office is our state’s “in-house watchdog” that’s independent of the executive branch and legislative control. Their work primarily comes from the legislature by joint way of the legislative audit committee. This state agency conducts a variety of audits including financial audits, compliance audits, performance audits and audits mandated by state law. The auditor’s goal is to determine whether or not government agencies are effective in fulfilling their missions and compiling with the law.
Spectrum Institute: A non-profit organization founded in 1987 by attorney Tom Coleman. The organization engages in research projects and educational programs on a wide range of human rights issues involving adults with mental or developmental disabilities. Spectrum Institute has published a number of detailed articles on how and why California’s conservatorship system is broken as well as solutions and steps to reform it.
Disability Voices United: A statewide organization directed by and for individuals with disabilities and their families that focuses on advocating for “choice and control, equity and accountability and meaningful outcomes.”
TASH: An “international leader in disability advocacy” founded in 1975, TASH advocates for human rights and inclusion for people with significant disabilities and support needs.
Free Britney: Sparked by the conservatorship of Britney Spears, the Free Britney movement has stood to ensure the superstar was released from her conservatorship and received justice for mistreatment. The movement is credited for both putting pressure on the judicial process in getting Spears free from conservatorship as well as transitioning to a civil rights movement for all those under conservatorship.
Association of Regional Center Agencies (ARCA): As the representative and “trade union” for California’s 21 regional centers, the Association of Regional Center Agencies’ mission is to promote and advance regional centers in upholding their duties designated by DDS and the Lanterman Act.
Adult Protective Services: Each California county has an Adult Protective Services (APS) division to help elder, dependent or vulnerable adults who are unable to meet their own needs. APS is entrusted to conduct investigations/reviews and work with law enforcement agencies to protect adults who need their services.
Contact information:
Department of Developmental Services:
Physical Address: 1215 O Street, Sacramento, California 95814
Mailing Address: P.O. Box 944202, Sacramento, California 94244-2020
Phone number: 916-654-1690
General Information line: 833-421-0061, TTY: 711
Nancy Bargmann, DDS Director:
- Email: Nancy.Bargmann@dds.ca.gov
Maria Nunez, DDS Conservatorship Liaison:
- Email: Maria.Nunez@dds.ca.gov
- Phone: 916-639-4724
- Office Phone: 951-554-1080
Brian Winfield, DDS Chief Deputy Director of Program Services:
- Email: brian.winfield@dds.ca.gov
- Phone: 916-654-1569
California Department of Health and Human Services
Physical Address: 1600 9th Street #460, Sacramento, California 95814
Phone number: 916-654-3454
Dr. Mark Ghaly, California Health and Human Services Secretary
- Email: mark.ghaly@chhs.ca.gov
California Attorney General
Physical Address: 1300 I Street, Sacramento, California 95814
Mailing Address: P.O. Box 944255, Sacramento, California 94244-2550
Phone number: 916-445-9555
Judicial Council of California
Physical Address: 455 Golden Gate Avenue, San Francisco, CA 94102
Phone number: 415-865-4200
Cathal Conneely, Public Information Officer
- Email: cathal.conneely@jud.ca.gov
- Phone: 800-900-5980
Disability Rights California
Physical Address: 1831 K Street, Sacramento, CA 95811-4114
Phone number: 916-504-5800
Disability Rights California OCRA:
Northern California Office: 1-800-390-7032
Southern California Office: 1-866-833-6712
Regional Centers:
California State Auditor:
Physical Address: 621 Capitol Mall, Suite 1200, Sacramento, California 95814
Phone: 916-445-0255
Whistleblower Hotline: 800-952-5665
File a complaint with the California Auditor’s office by clicking here, by calling the whistleblower hotline above or mailing your complaint to: Investigations California State Auditor, P.O. Box 1019, Sacramento, CA 95812
Legislative Contact: 916-45-0255
Accessibility Contact: 916-445-0255
Your Elected Leaders:
No comments:
Post a Comment