In Re Michael K.

In 2005, the Legislature approved a plan to close Agnews State Hospital (Agnews). As part of the closure plan, it passed Senate Bill No. 962 (2005-2006 Reg. Sess.), which was signed by the Governor and enacted into law on October 5, 2005. The Welfare and Institutions Code, as amended by Senate Bill No. 962, authorizes the State Department of Developmental Services (DDS) and the State Department of Social Services (DSS) to jointly establish and administer a pilot project for licensing and regulating adult residential facilities for persons with special health care needs, known as a Senate Bill No. 962 Home (hereafter Senate Bill No. 962 Home). Senate Bill No. 962 Homes are residences that can accommodate four to five individuals with significant developmental disabilities in a community setting.

Michael K. (hereafter referred to as Michael for clarity) is a gravely disabled adult who has resided at Agnews since 1986. Gail B. and James K. (hereafter referred to as Gail and James for clarity) are his parents and coconservators. When the Legislature approved the plan to close Agnews, San Andreas Regional Center (SARC) determined that Michael would be placed in a Senate Bill…