Resources
Self Determination Overview
The Self-Determination Program (SDP) affords Regional Center participants the opportunity to have more control in developing their service plans and selecting service providers to better meet their needs.
Any eligible person served by Regional Centers may voluntarily participate in the Self-Determination program. The participant must meet the following eligibility requirements:
- Have a developmental disability as defined in Welfare and Institutions Code 4512.
- Agree to specific terms and conditions, which include but are not limited to, participation in an orientation for the Self-Determination Program, working with a Financial Management Services entity, managing the Self-Determination Program services within an individual budget; and only purchasing services that are eligible for Federal financial participation and not available from a generic agency.
- Does not live in a licensed long-term health care facility (i.e., a Skilled Nursing Facility, Intermediate Care Facility, or State Developmental Center). If an individual living in one of these facilities expresses interest in the Self-Determination Program, through the Person-Centered planning process, they can request that the regional center begin making arrangements for their transition to the Self-Determination Program, provided that they are reasonably expected to transition to the community within 90 days.
Regional Center service coordinators assist participants in transitioning to SDP. This could include support in areas such as deciding which financial management service model is the best fit for a participant, suggestions for recruiting/hiring employees, how to establish backup staffing plans, etc.
Self Determination Enrollment Process
As of July 1, 2021, the Self-Determination Program (SDP) has been available on a voluntary basis to any eligible person served by Regional Centers. If you are interested in transitioning to the SDP, you should contact your Regional Center service coordinator and let them know of your interest. Below is more detailed information on the required steps to enroll in SDP.
The first required step will be attending an Orientation.
Orientations are offered by the State Council on Developmental Disabilities, your Regional Center, or other approved agencies. Individuals should contact their Regional Center service coordinator or their Regional Center SDP Local Advisory Committee regarding where, when, and in what languages SDP orientations are scheduled.
Participants and their families who have completed an SDP orientation can then begin to enroll in the SDP. Enrollment occurs on the date the Regional Center changes the consumer’s Case Management type to “S” for Self-Determination. The consumer is then considered enrolled in and a participant in the SDP. A potential SDP participant may receive an Initial Person-Centered Plan and/or Pre-Enrollment Transition Supports.
See the following links for more detailed information:
A person with developmental disabilities and his or her family transitioning into SDP, who has completed an SDP orientation, may request the development of a Person-Centered Plan. A Person-Centered Plan describes what the potential SDP participant wants their life to be like in the future so they can work towards their goals. The process should reflect their strengths, capabilities, preferences, lifestyle and culture.
Person-Centered planning can include other people, such as family members, friends, legal guardians or others, only if the individual chooses to include them in the process. The individual choices decided through Person-Centered planning are about what the participant wants and needs and what services and supports will help them reach their goals.
Ultimately, the Person-Centered planning process leads to a written Individual Program Plan (IPP) that is consistent with the person’s needs and desired outcomes and includes the person’s goals and preferences in areas such as recreation, transportation, friendships, therapies, home, employment, and family relationships.
Although a participant is not required to have a Person-Centered Plan to participate in SDP, it is encouraged as a way to better determine the participant’s wants and needs for the future and what services and supports will help them reach their goals.
Finding an individual or organization to provide Person-Centered planning services
Your Regional Center may be able to provide information and resources on obtaining a provider for a Person-Centered Plan. Other resources may include vendored organizations or agencies that specialize in Person-Centered planning and practices. Speaking with others who have had Person-Centered plans or parent or consumer run organizations in the local community is also a good way to explore these resources.
Expectations from the individual or organization providing Person-Centered planning services
The individual or organization providing Person-Centered planning services should be knowledgeable in Person-Centered planning and embrace the following concepts:
- Presuming competence
- Reframing behavior as communication
- Respecting cultural diversity
- Providing critical supports for health and safety across the lifespan so people may live in the community where and with whom they want (Sally Burton-Hoyle, Ed. D, Eastern Michigan University)
The individual or organization providing Person-Centered planning services are expected to demonstrate they have received training or certification in the Person-Centered facilitation process. If the selected individual or organization has been trained in any specific approaches (Planned Facilitation, Liberty Plans, MAPs, etc.) the participant has the option to request and receive proof of such training.
The participant and their support team should determine how much time the planning process will take based on the needs of the participant, their own scheduling needs, as well as the recommendations of the individual or organization providing Person-Centered planning. Person-Centered planning can range from one short and focused intensive meeting to several meetings, depending on the needs of the participant.
At the end of the planning process, the individual or organization providing Person-Centered planning services should ensure that there is a written document with clearly stated outcomes provided to the participant that captures the strengths, hopes and dreams of the participant, along with their vision for their future and the supports needed to have a meaningful life in the community.
Cost of Person-Centered planning services
Your regional center is able to assist with paying for Person-Centered planning services. Although the Department of Developmental Services has not yet established rates for these services, here are some parameters that may assist you in discussing appropriate costs.
Individuals or organizations providing Person-Centered planning services might charge between $25 – $75 per hour or more depending on experience. Individuals or organizations providing this service would likely include preparation and documentation time in addition to the time spent facilitating the meeting(s). The individual or organization may also charge a flat rate that might be as much as $2,500; however, there should be documentation from the provider indicating how many hours of service is being funded. Prior to the provision of service, the Regional Center must contact the Department at sdp@dds.ca.gov regarding any estimate that exceeds $2,500.
If a Person-Centered planner is not vendored with your Regional Center, the participant and individual or organization providing the service should come to an agreement regarding payment terms and then, prior to beginning planning services, provide that information to the Regional Center so that payment arrangements to the provider can be made under service code 024.
Alternatively, the Person-Centered planner could seek vendorization from the Regional Center by contacting the Community Services Department of the Regional Center in their community regarding the process for obtaining vendorization.
For more detailed information, click on the link below:
Program Directive: Self Determination Program: Initial Person Centered Plan and Pre-Enrollment Transition Supports Guidance July 22, 2022
[ENGLISH] [SPANISH] [CHINESE] [OTHER LANGUAGES]
What is the budget?
The budget is the total amount of money that a participant has available to purchase needed services and supports over 12 months in SDP.
How is the budget decided?
The budget is determined by the Individual Program Plan team, including the participant and case manager. Currently the local regional centers usually begin with the amounts that were authorized for the most recent 12-month period. The budget can be adjusted up or down depending on the participant’s current needs, circumstances, and resources. The regional center must verify the amounts used to calculate the participant’s budget would have occurred, regardless of the individual’s participation in SDP.
What if the participant does not agree with the budget total that the regional center is offering?
When a participant does not agree with the proposed budget total, the participant has a right to request a “fair hearing” and appear before an administrative law judge under the Lanterman Act in California.
During hearings, participants can contest the regional center’s proposed budget amounts and potentially re-negotiate an amount that better fits their present needs. Participants can learn more about the process by viewing the “filing complaints and fair hearings” section.
How can the regional center’s proposed budget total amount for the participant be adjusted?
The annual proposed budget total may be adjusted up or down if the individual program planning team agrees that the participant meets any of these circumstances listed below:
- there is a recent or pending change in the living situation of the participant
- the participant has new needs which qualify
- prior needs and resources that are no longer included in the new individual program plan
- services previously included that are no longer needed
- services that weren’t used due to illness or lack of provider availability
- rates for services listed in the budget have been changed
How is the budget calculated for new SDP participants?
For participants who are new to the Regional Center, or individuals who do not have a 12-month history of purchase of services costs, the individual program planning team will identify the needed services, supports, and available resources for the individual. The Regional Center calculates the annual costs of these services to produce a proposed total budget amount.
Resources and Tools that Help Create the Budget
The following “Budget Certification Tool” provided by the Department of Developmental Services (DDS) is a form that assists most regional centers with calculating the participant’s proposed budget amount. It also helps participants gain an understanding on how regional centers determine their yearly available budget.
Resource Tool: Budget Certification Tool
Tips for Participants
The budget needs to be reviewed, updated and approved every twelve months. It’s best to review and update your person-centered plan and then prepare your annual SDP goals 4 months before your one-year renewal date. With this preparation, participants should also keep in mind of any changing circumstances that will affect their determined goals and budget as the renewal date draws near. Contact your regional center case manager ahead of time to avoid any unexpected delays.
Remember that the participant must agree to and sign off on the budget calculation total before the next steps with the spending plan can be completed. If you disagree with what was included in or is missing from the calculation, you can request further discussion with the regional center and, if needed, seek outside assistance.
The individual budget is the amount of money an SDP participant has available to purchase needed services and supports. The Spending Plan details how the available Regional Center funds will be used to purchase services and supports necessary to implement the Individual Program Plan (IPP). The spending plan identifies the services to be purchased, how often those services will be provided, and the cost of each service. The amount of the spending plan cannot exceed the funds in the individual budget and must be attached to the participant’s IPP.
This includes the cost for the Financial Management Service (“FMS”), which is a required service for all SDP participants. Participants may require support from others, such as the independent facilitator, to negotiate with providers to determine the cost for each service. In addition to wages, costs for employee benefits and payroll taxes must be included when determining the cost of each service.
Your spending plan should identify the type of provider that will provide each service. You do not need to name the specific provider. For example, if you need assistance with personal care, you could indicate the service will be provided by a personal assistant.
A parent who is either the conservator or has a durable power of attorney of an adult consumer may be paid to provide SDP services. In either case, the parent is not a legally responsible caregiver. Neither a parent who is a conservator or who has a power of attorney is legally responsible to provide care to their adult child or a legally responsible caregiver even if they are also the individual’s conservator or have a power of attorney. Therefore, when consistent with consumer choice, the parent can be paid to provide those SDP services they are qualified to provide.
A participant can get help developing a spending plan and the kinds of support include:
- A family member or close friend.
- An Independent Facilitator if you chose to hire one.
- Your Regional Center service coordinator.
- Your Financial Management Services (FMS) provider.
- Regional Center funding to purchase transition services, including help with the spending plan. More information on assistance with Person-Centered planning, and other transition services including developing a spending plan, can be found at the Program Directives of the Department of Developmental Services (DDS) website.
- Other transition support that your Regional Center is working with its Self-Determination Local Advisory Committee to develop.
Effective July 1, 2022, the cost of the FMS provider will be paid by the Regional Center outside of the participant’s individual budget.
An Individual Program Plan (“IPP”) is still required each year even if you have an initial Person-Centered Plan. As with the traditional services model, participants in the SDP have the right to appeal through the fair hearing process if they disagree with the IPP.
For a sample of an IPP form, see the following link: Regional Center of the East Bay (RCEB) Individual Program Plan
A person or business that helps a participant in the SDP manage their individual budget and spending plan is the Financial Management Services (FMS) provider. The FMS provider is the only Regional Center vendored service that is required in the Self-Determination Program. The FMS does not control the budget or spending plan. The FMS directly pays providers for any goods and services that the participant uses.
SDP participants are required to utilize the services of an FMS provider of their choosing. The FMS provider must meet standards and certifications set by the department and be vendored by a Regional Center. Any provider or person (except a relative, legal guardian or other legally responsible person) chosen by the participant that meets the required qualifications and certifications and is vendored by a Regional Center may be an FMS provider.
Some of the ways an FMS assists:
- Paying for services, including paying employees
- Assist with hiring employees
- Verifying provider qualifications
- Helping providers get criminal background checks, if needed
- Helping the participant comply with employment laws and tax requirements.
The FMS also makes sure the participant has funds to purchase needed services and support for the entire year. The FMS provides the participant and the Regional Center with a monthly expenditure report. This report provides the following information:
- The amount of funds allocated by budget category;
- The amount spent in the previous 30 days; and,
- The amount of funds remaining in the individual budget.
Choosing a FMS
There are three different models of FMS: Bill Payer, Sole Employer, and Co-Employer. More information on FMS can be found on the Department of Developmental Service’s website on the FMS model comparison chart. Effective July 1, 2022, the cost of the FMS provider will be paid by the Regional Center outside of the participant’s individual budget.
A list of FMS providers is available on the FMS Contact List webpage. Additionally, your Regional Center can help you locate FMS providers.
When choosing an FMS, you will want to learn about the different kind of FMS providers that are available. Information about FMS providers requirements, tasks, and responsibilities may be found on the Department’s directive at FMS Roles and the FMS model comparison chart. Because it is important to choose an FMS you feel comfortable working with, you may have to interview several. Before deciding which FMS provider to choose, you may want to speak with your service coordinator, your independent facilitator, or another person or agency you trust.
A participant in SDP may choose to use an Independent Facilitator to assist in the following ways:
- Assisting the individual with making informed decisions regarding their individual budget
- Locating, accessing and coordinating services and supports consistent with the participant’s individual program plan (IPP)
- Identifying immediate and long-term needs and developing options to meet those needs
- Leading, participating, and/or advocating on behalf of participants in the Person-Centered planning process and development of the IPP
- Obtaining identified services and supports
An independent facilitator is required to receive training in the principles of self-determination, the Person-Centered planning process, and the other responsibilities consistent with coordination of services for consumers’ individual program plans.
If an SDP participant chooses to hire one or more independent facilitators, the costs for those services are negotiated between the independent facilitator and the participant, and are paid from the participant’s individual budget. Participants decide what services they need from a facilitator and may choose to have more than one facilitator that fulfill different roles. The individual’s budget shall not be increased to cover the cost of the independent facilitator(s).
A participant may not hire an individual who is paid to provide other IPP services for the participant as an independent facilitator. This rule applies to Regional Center funded services. As an example, under this rule, a person who is paid to provide supported employment services to a Self-Determination Program participant cannot be that participant’s independent facilitator because they provide other Regional Center funded services. An IHSS provider may be a participant’s independent facilitator if they do not provide other Regional Center funded services to that participant.
If a participant chooses not to use the services of an independent facilitator, he/she may choose to use a Regional Center service coordinator to provide the services and functions of the independent facilitator.
Approved Services under SDP
Under SDP, a participant can choose the services and supports that best meet their needs and Individual Program Plan (IPP) objectives. In addition to choosing existing services, a participant can choose services offered from service providers or local businesses, hire their own support workers, or negotiate unique service arrangements with local community resources. The service providers do not have to be vendored through the Regional Center.
For a list and description of services that are approved in the Self-Determination Program, please view SDP Service Definitions.
A Self-Determination Program participant has the same rights as consumers who receive services through traditional regional center services. These include, appeals, fair hearing, and all other rights associated with the individual program plan process.
Self Determination gives participants the opportunity to customize services to meet their needs and achieve desired outcomes. Participants can have a choice of providers who can provide the supports identified in the Individual Program Plan (IPP).
This greater choice allows for more control and flexibility in the services and costs. Now individuals through self-determination have the option to select and hire a wider range of providers, including vendored providers, non-vendored providers, or providers vendored by another Regional Center. Also, there is greater flexibility in the type of services arranged. The rate of pay for services in self-determination is determined by what is agreed to in the Budget and Spending Plan, the cost of the good, and-or the amount of time the purchased services are utilized.
Individuals in self-determination need to discuss with providers the services offered, standards of quality, pricing, and general policies and procedures such as documentation and case management, dispute resolutions, appointment cancellations, and other contractual roles and responsibilities. Although service providers do not have to be vendored, they must be qualified (FMS will verify), support choice and inclusion, first utilize generic and community-based services, pass appropriate background checks, and be legal to work in the United States.
Three Categories of Available Services
Available services for people in self determination are in three categories: Living Arrangement (such as, help in home, and respite), Community Participation (such as integration and supports, employment, education and training, and socialization) and Health and Safety (such as emergency response, behavioral health, and wellness). Self-determination services must meet needs arising from a developmental disability that can be accessed through the standard purchase of service model and be identified in the Individual Program Plan (IPP).
Participants in self determination will need to consider the providers’ experience, knowledge of person-centered planning, developmental services, and skills, qualification, certification and licensure associated with the need being addressed.
Self-determination participants need to consider their willingness to be an employer, to recruit, hire and terminate staff, and take on the responsibility of managing staff and other services. Participants in self-determination will need to consider wages, merit increases, and payroll administrative costs. When in self-determination, these responsibilities are no longer that of the Regional Center.
With the opportunities available through self-determination, individuals can arrange an Individual Program Plan (IPP) that allows for a unique set of services from both vendored and non-vendored services. The responsibility to arrange services shifts from the service coordinator and regional center onto the individual and family. It’s important participants be knowledgeable about their role and commit themselves to the time necessary to ensure successful outcomes.
How services are managed is dependent on the type of arrangement made with the Financial Management Services (FMS). Each participant in the Self-Determination Program must use a regional center vendored Financial Management Services provider.
Three Types of FMS Providers
There are three types of FMS providers: 1. Bill Payor or Fiscal Agent, this model is used when goods or services are purchased from a business; 2. Co-Employer, this model is used when the participant wants to share some of the employer roles and responsibilities with an FMS and 3. Sole Employer, also known as the Fiscal/Employer Agent), this model is used when a participant wants to be the direct employer of those providing services.
As participants transition into self-determination consideration on the most appropriate model will need to be decided. As part of SD transitioning, participants are to reach out to the chose FMS providers, discuss expectations, and make arrangement for the individual when in and receiving self-determination services. Discuss with the FMS invoicing and payroll procedures, turn around time to process a payment, enrollment waitlists or delays, and best methods to communicate and share necessary information to insure there are no interruptions in service delivery.
Costs and Hiring Best Practices
In July of 2022, due to a change in regulation, regional center funding for FMS is arranged outside of the individual budget and spending plan, FMS cost no longer have an impact on the amount of SD funds available to the individual. However, Independent Facilitation does remain a cost, and it is important the participant in self-determination select the right person to assist with managing the IPP.
The work of a facilitator should be based on person centered thinking. Someone who is respectful toward the individual. It’s up to the participant to decide on the extent they wish to involve an Independent Facilitator (IF). And decisions around the Independent Facilitators duties, their time and cost for facilitation, and the reporting expectations needs to be described in a written agreement between the facilitator and participant.
If the self-determination participant hires staff, work with the FMS to review not only wages but other employer costs, such as workers compensation, health insurance, and other expenses, and liabilities. These factors will play a role in the amount of pay or the number of hours the person can be hired to work with the participant.
Background Checks
Anyone who provides direct personal care services to participants in the Self-Determination Program must obtain a background check and receive clearance before working. This includes family members who provide direct personal care services. Program participants or their financial management services (FMS) provider can also request proof of clear background checks from any other Self-Determination Program service provider.
Background checks are an important safety measure for participants in the Self-Determination Program because people with developmental disabilities are more likely to be abused than people without disabilities. Background checks help participants find candidates who have not been convicted of a serious crime.
To complete a background check, providers get their fingerprints taken at a “Live Scan” location. Providers are responsible for the cost of the Live Scan. The FMS provider can tell candidates where to get Live Scan fingerprints and how much it will cost them.
If self determination participant will be purchasing services and paying through invoice and remittance, it is important to create a relationship with the service provider. If services are community based, and inclusion of people with Intellectual and Developmental Disabilities (I/DD) is new to service provider, create a relationship, explain the purpose of the service, and the supports to be provided. Establish a pattern of communication, what to do if there is a problem or an emergency, and discuss how to monitor progress. Share with the service provider the participants one-page person centered profile.
Record Keeping and Case Management
Record keeping for self-determination services is not under the same regional center obligations as with tradition vendor arrangements. Reporting requirements, though, may vary for applied behavioral analysis and other similar behavioral services. Speak with your service coordinator about the expectations of the regional center.
There are standards for case management and record keeping that are important to adhere to, to assure both professional and confidential services. Appropriate record keeping documents the work being completed on behalf of the individual.
When working with service providers, or staff determine the preferred level of record keeping. Good practices include maintaining the most current identifying and contact information, records need to be available to assure the health and safety of the individuals. Contracts, agreements, program plans, emergency information, releases, and other required documentation that needs to be created to demonstrate the working relationship. Assessments, data records, and case notes are needed to verify completion of work. Budget, invoices, and other financial statements verify payments made and pending.
Developing Policies and Procedures
Developing formal or informal policies and procedures surrounding record keeping can assist with maintaining a standard of care, demonstrate progress or needs, and be helpful for verification if any concerns should arise. Individual and planning team access to records requires consideration. Legal and ethical standards apply, including HIPPA.
In cooperation with the FMS, effectively documenting and reviewing of SD expenses is important to assure funds for services are available throughout the term of the IPP. Oversite of expenditures is essential. Budgets and spending plans need to be reviewed yearly. To avoid gaps in payroll or bill payment, it is encouraged to begin second and subsequent year budget planning well ahead of time to assure new budget is in place upon at expiration of the prior one.
With any program, quality can be expressed in terms of how life is different through successful support rather than it would be with unsuccessful support. Defining, describing and measuring what quality will mean for an individual requires focus on planning, staffing, training, budgeting and selecting which practices should be continued and which should change. Timely activation of supports, consistent service delivery, positive interactions between staff and individual and team, accurate invoicing and remittance for services, effective communication between all participants including the FMS and regional center, and overall participant satisfaction are indicators of successful implementation of the self-determination plan.
To assure success, a participant should maintain consistent contact with the team. A participant should offer performance reviews, and if needed end unsatisfactory working arrangements. IPP reviews should be regularly scheduled, and strategies be in place if new needs emerge and adjustments are necessary. If needs require addressing, participant should notify planning team members to request a meeting be reconvened to address the needs and problem solve.
An individual program plan, or IPP, is required in the SDP. Your IPP team will use a person-centered planning process to develop your IPP. The IPP will include the services and supports, selected and directed by the individual to achieve the objectives in the IPP. A person-centered plan is not the same as an individual program plan. But both the person-centered plan and the self-determination IPP are completed by a person-centered process. In self-determination, the IPP is reviewed every 12 months. Prepare ahead of time to make sure self-determination services continue without any interruptions. VIEW MORE
Working with Regional Center
The Regional Center has an important role in facilitating enrollment in the Self Determination Program (SDP). An SDP Individual Program Plan is required when transitioning into self-determination and when being enrolled in the program. The service coordinator remains part of the planning team and is to complete the SDP Individual Program Plan (IPP). VIEW MORE
Local and statewide advisory committees are to ensure effective implementation of the Self-Determination Program and facilitate the sharing of best practices and training materials. Every Regional Center has a volunteer SDP Local Advisory Committee (LAC), most of whose members are Regional Center consumers and family members. The LAC may also include clients’ rights advocates, disability advocates and community members. The LAC provides input and oversight for the implementation of the SDP in the jurisdiction of its Regional Center, and includes:
- Providing training and training materials regarding the SDP
- Reviewing the Regional Center’s ongoing progress in achieving its SDP goals
- Recommending improvements and monitoring legislation affecting the SDP
- Responding to consumer/family/advocate questions and concerns
- Staying current on the work of the SDP Statewide Advisory Group, whose responsibility is to identify best practices, design effective training materials, and recommend improvements in the SDP Statewide
People interested in the SDP are invited to attend meetings of their Regional Center’s LAC. VIEW MORE
Participant Choice Specialists are positions at each regional center to support regional center service coordinators, assist consumers and families with timely transitions to SDP, and build Regional Center institutional knowledge regarding participant-directed service options, including SDP. VIEW MORE
The Office of the Self- Determination Program Ombudsperson runs autonomously under the Department of Developmental Services . The Ombudsperson monitors the implementation of the Self Determination Program (the SDP), and to assist Regional Center clients and SDP consumers and their families to participate fully in the SDP. VIEW MORE
The complaint and fair hearing is a process for voicing and resolving disagreements between the regional center and the person or applicants who are age three or older.
As in traditional services, participants in the SDP have the right to appeal through the fair hearing process. Under the fair hearing process, in self-determination, disagreements about services, eligibility, budget, goal planning, and spending plan can be appealed. Read about appeal rights on the DDS website at the Consumer Rights, Appeals & Complaints webpage.
A person transitioning into or enrolled in self-determination has the same due process rights as in traditional services to complain about or appeal a regional center decision. VIEW MORE