reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 2 - Prohibitions › Section 85102 - Emergency Intervention Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding 85300(a), Section
						85102 shall apply to all Adult
						Residential Facilities as follows:
(a)
					 The following emergency interventions shall not be used on a client:
(1) Mechanical restraints;
(2) Manual restraint as an extended
					 procedure;
(3) Manual restraint or
					 seclusion when imminent risk of serious physical harm to self or others is no
					 longer present;
(4) Adverse
					 behavior modifications, including but not limited to body shaking, water spray,
					 slapping, pinching, ammonia vapors, sensory deprivation and electric
					 shock;
(5) Pain, induced to control
					 behavior or limit movement, including but not limited to arm twisting, finger
					 bending, joint extensions and headlocks;
(6) Any manual restraint technique that
					 obstructs a person's airway or impairs or restricts breathing or
					 circulation;
(7) Manual restraint
					 with the person's hands held or restrained behind the person's back;
(8) Any manual restraint technique in which a
					 staff member places pressure on a person's back or places his or her body
					 weight against the person's torso or back;
(9) Placement of an item that covers the head
					 or face;
(A) Padding, placed under the head,
					 to prevent injury is permitted, provided it does not impair
					 breathing.
(10) Chemical
					 restraint or psychotherapeutic or behavior modifying drugs in a manner
					 prohibited by Health and Safety Code section
					 1180.4(k);
(11) Techniques reasonably expected to cause
					 serious injury that may require medical treatment from a health practitioner,
					 licensed under division 2 of the Business and Professions Code;
(12) Verbal abuse or physical
					 threats;
(13) Isolation in an area
					 from which the client cannot voluntarily exit including, but not limited to,
					 denying a request from a non-ambulatory client to exit a chair or an unlocked
					 room. This prohibition does not apply to a Seclusion Room;
(14) Manual restraint or seclusion for more
					 than 15 consecutive minutes unless the licensee is in compliance with Section
					 85122(e)(6);
(15) Punishment, discipline, harassment,
					 humiliation, coercion or retaliation.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 2 - Prohibitions › Section 85118 - Application for Licensure. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 3 (sections
						85118-85140) and section filed
						9-18-2017 as an emergency; operative 9-18-2017 (Register 2017, No. 38). A
						Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-18-2017 order transmitted
						to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3.
						Change without regulatory effect renumbering former section
						85118 to new section
						85318 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1501,
						  1502,
						  1530,
						  1531
						  and
						  1567.81,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 2 - Prohibitions › Section 85120 - Fire Clearance. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-2017 as an emergency; operative 9-18-2017 (Register 2017,
						No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-18-2017 order transmitted
						to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3.
						Change without regulatory effect renumbering former section
						85120 to new section
						85320 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Section
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1501,
						  1502,
						  1530,
						  1531
						  and
						  1567.81,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 3 - Application and Licensing Procedures › Section 85122 - Emergency Intervention Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant or licensee shall be
					 responsible to ensure an Emergency Intervention Plan is developed and approved
					 by the Department prior to the use of manual restraint or seclusion, if staff
					 use or it is reasonably foreseeable that staff will use these techniques.
(1) The Emergency Intervention Plan shall be
					 designed and approved by the applicant or licensee in conjunction with a
					 Behavior Management Consultant and shall be part of the Plan of
					 Operation.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 3 - Application and Licensing Procedures › Section 85140 - Denial of Initial License. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-2017 as an emergency; operative 9-18-2017 (Register 2017,
						No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-18-2017 order transmitted
						to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3.
						Change without regulatory effect renumbering former section
						85140 to new section
						85340 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1501,
						  1502,
						  1530,
						  1531
						  and
						  1567.81,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 4 - Administrative Actions › Section 85142 - Revocation or Suspension of a License. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 4 (section
						85142) and section filed 9-18-2017
						as an emergency; operative 9-18-2017 (Register 2017, No. 38). A Certificate of
						Compliance must be transmitted to OAL by 3-19-2018 or emergency language will
						be repealed by operation of law on the following day.
2. Certificate
						of Compliance as to 9-18-2017 order transmitted to OAL 1-29-2018 and filed
						3-13-2018 (Register 2018, No. 11).
3. Change without regulatory
						effect renumbering former section
						85142 to new section
						85342 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1501,
						  1502,
						  1524,
						  1531
						  and
						  1567.86,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85161 - Emergency Intervention Documentation and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each use of
					 manual restraint or seclusion shall be reported to the client's authorized
					 representative, if any, by telephone, no later than the next calendar day. This
					 report shall include the type of emergency intervention used, the duration of
					 the manual restraint or seclusion, the time the event was reported to the
					 authorized representative, and the time and response of the authorized
					 representative and shall be documented in the client's file.
(b) Each use of manual restraint or seclusion
					 shall be reported to the Department in writing no later than the next business
					 day. This time frame shall supersede the reporting time frame required by
					 Section 80061(b).
(1) An incident report of the use of the
					 manual restraint or seclusion shall be reviewed, for accuracy and completeness,
					 and signed by the licensee or licensee's designee prior to submission to the
					 Department.
(2) If a manual
					 restraint or seclusion technique that was not part of the facility Emergency
					 Intervention Plan or the Individual Emergency Intervention Plan was used during
					 the emergency intervention, the plan for corrective action, at minimum, shall
					 require staff to repeat or obtain emergency intervention training. Within 24
					 hours of the licensee's discovery of non-compliance of the Plan, the licensee
					 shall also submit a plan for corrective action to the Department to describe
					 how he or she will ensure that there is no recurrence of a violation of the
					 Plan. This shall not impede upon the Department's authority to enforce
					 applicable statutes and regulations or initiate administrative
					 action.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85164 - Administrator Certification and Qualifications. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 6 (sections
						85164-85170) and section filed
						9-18-2017 as an emergency; operative 9-18-2017 (Register 2017, No. 38). A
						Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-18-2017 order transmitted
						to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3.
						Change without regulatory effect renumbering former section
						85164 to new section
						85364 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1501,
						  1502,
						  1531
						  and
						  1567.82,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85165 - Emergency Intervention Staff Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall ensure staff who use,
					 participate in, approve. or provide visual checks of manual restraint or
					 seclusion only use techniques specified in the Emergency Intervention Plan and
					 which are not prohibited in Section
					 85102.
(b) Staff who use, participate in, approve or
					 provide visual checks of manual restraint or seclusion, shall have a minimum of
					 sixteen hours of emergency intervention training and be certified for having
					 successfully completed the training.
(1)
					 Staff who use, participate in, approve or provide visual checks of manual
					 restraints or seclusions, shall be trained in the manual restraint or seclusion
					 technique utilized.
(2) Staff shall
					 maintain valid certification.
(3)
					 Staff shall have a minimum of 6 hours of annual refresher training following
					 the initial training certification. The provisions specified in Section
					 85165(c)-(e) and,
					 (g) shall also apply to this training.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85168 - Admission Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
						80068 and
						85068, the Admission Agreement
						shall include a list and short description of each of the emergency
						interventions the licensee may use.
(1) The facility's plan regarding the use of
					 emergency interventions shall be reviewed with and approved by the client and
					 his/her authorized representative, if any, prior to its
					 implementation.
(2) The licensee
					 shall provide a copy of the Emergency Intervention Plan to the client and the
					 authorized representative, if any, at admission.
1. Change
						without regulatory effect renumbering former section
						85368 to new section
						85168 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  1180,
						  1180.4,
						  1501
						  and
						  1531,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85168.1 - Intake Admission Procedures. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-2017 as an emergency; operative 9-18-2017 (Register 2017,
						No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-18-2017 order transmitted
						to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3.
						Change without regulatory effect renumbering former section
						85168.1 to new section
						85368.1 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1180.4,
						  1501,
						  1502,
						  1531
						  and
						  1567.81,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85168.2 - Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Section
						80068.2 and
						85068.2, the following shall
						apply:
(a) If the licensee will use or
					 it is reasonably expected the licensee will use manual restraint or seclusion
					 with a client when that client is an imminent danger to self or others, the
					 licensee shall develop an individual emergency intervention plan for that
					 client.
(1) The individual emergency
					 intervention plan shall be based on the assessment required by Section
					 85068.2(b)(1)(G).
(2) The individual emergency intervention
					 plan shall be updated as needed to ensure it meets the safety needs of
					 clients.
(3) The client and
					 authorized representative, if any, shall receive a copy of and approve the
					 individual emergency intervention plan and any modification to the plan prior
					 to implementation.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85168.3 - Manual Restraint or Seclusion Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Licensee shall ensure that a
					 debriefing occurs in accordance with Section
					 1180.5(b)
					 of the Health and Safety Code.
(b)
					 The debriefing required by Section
					 85168.3(a) shall
					 include:
(1) An evaluation of whether the
					 emergency intervention action taken by the staff was consistent with the
					 facility Emergency Intervention Plan, Individual Emergency Intervention Plan,
					 facility policies and training.
(A) If the
					 use of any de-escalation technique causes an escalation of the client's
					 behavior, the use of the technique shall be evaluated for effectiveness.
					 De-escalation techniques that are ineffective or counter-productive shall be
					 discontinued.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85168.4 - Acceptance and Retention Limitations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-2017 as an emergency; operative 9-18-2017 (Register 2017,
						No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-18-2017 order transmitted
						to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3.
						Change without regulatory effect renumbering former section
						85168.4 to new section
						85368.4 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1501,
						  1531
						  and
						  1567.81,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85169 - Medical Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Section
						80069, the following shall
						apply:
(a) Immediately following each
					 manual restraint or seclusion, the administrator or administrator's designee
					 shall have an in-person communication with the client to assess and determine
					 whether there is a physical injury or suspected physical injury and whether a
					 medical examination by qualified medical professional is needed.
(1) The decision and rationale whether to
					 seek a medical examination shall be documented in the client's
					 record.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 6 - Continuing Requirements › Section 85170 - Client Records. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-2017 as an emergency; operative 9-18-2017 (Register 2017,
						No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 9-18-2017 order transmitted
						to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3.
						Change without regulatory effect renumbering former section
						85170 to new section
						85370 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1501,
						  1531
						  and
						  1567.81,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 7 - Physical Environment › Section 85175 - Seclusion Room

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 addition to Section
					 85122, a licensee at a facility
					 with a seclusion room, shall not:
(1) Use the
					 seclusion room for another purpose such as a bedroom, a bathroom, or for
					 storage.
(2) Use the seclusion room
					 without a fire clearance allowing the use of the seclusion room from the city,
					 county, or city and county fire department or district providing fire
					 protection services, or the State Fire Marshal.
(A) The request for the fire clearance for
					 use of the seclusion room shall be made through the Department and compliance
					 with it shall be maintained by the licensee.
(3) Use the seclusion room without prior
					 approval by the Department.
(A) The licensee
					 shall submit the following to the Department in order to receive approval from
					 the Department for the use of the seclusion room:
1. if applicable, Facility Sketch
					 and
2. the staffing plan to be
					 maintained for the use of the seclusion room.
(4) Deprive a client placed in the seclusion
					 room of daily living functions, as specified in Section
					 80072(a)(3).
(5) Include a locking or jamming device on
					 the door of the seclusion room.
(A) The
					 seclusion room door shall only be shut in a manner providing for immediate
					 release upon removal of a staff member's foot, hand, and/or
					 body.
(6) Place a person
					 with a developmental disability in seclusion, in accordance with California
					 Code of Regulations, Title 17, Division 2, Chapter 1, Subchapter 5, Article 2,
					 Section 50515.
(7) Use a room or another area for a
					 seclusion that is not identified as the seclusion room in the Plan of
					 Operations.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 7 - Physical Environment › Section 85187 - Buildings and Grounds. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 7 (section
						85187) and section filed 9-18-2017
						as an emergency; operative 9-18-2017 (Register 2017, No. 38). A Certificate of
						Compliance must be transmitted to OAL by 3-19-2018 or emergency language will
						be repealed by operation of law on the following day.
2. Certificate
						of Compliance as to 9-18-2017 order transmitted to OAL 1-29-2018 and filed
						3-13-2018 (Register 2018, No. 11).
3. Change without regulatory
						effect renumbering former section
						85187 to new section
						85387 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1501,
						  1531
						  and
						  1567.81,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 10 - Emergency Interventions [Renumbered] › Section 85190 - Provisions for Emergency Intervention. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 10 (section
						85190) and section filed 9-18-2017
						as an emergency; operative 9-18-2017 (Register 2017, No. 38). A Certificate of
						Compliance must be transmitted to OAL by 3-19-2018 or emergency language will
						be repealed by operation of law on the following day.
2. Certificate
						of Compliance as to 9-18-2017 order transmitted to OAL 1-29-2018 and filed
						3-13-2018 (Register 2018, No. 11).
3. Change without regulatory
						effect renumbering former article 10 and section
						85190 to new article 10 and
						section 85390 filed 1-2-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						  1530
						  and
						  1567.87,
						  Health and Safety Code. Reference: Sections
						  1180,
						  1501,
						  1531
						  and
						  1567.83,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 1 - General Requirements › Section 85300 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A Community Crisis Home is governed by the provisions of this chapter and
				  Chapter 1. Additionally, Chapter 5 shall apply to a Community Crisis Home that
				  is licensed as a Group Home and Chapter 6 shall apply to a Community Crisis
				  Home that is licensed as an Adult Residential Facility.
(b) Each Community Crisis Home shall be
				  licensed by the Department as an Adult Residential Facility or a Group Home and
				  certified by the Department of Developmental Services in accordance with
				  Section 85318 and Health and Safety Code
				  section
				  1567.81(a).
(c) A Community Crisis Home shall maintain a
				  facility file as required by the California Code of Regulations, Title 17,
				  Section 59011.
(1) The facility file shall be immediately
				  available upon request of the licensing agency and must be the original or a
				  facsimile of the original. A facsimile is an exact copy of the original.
(A) In the event the Licensing Program
				  Analyst requests a physical copy, whether electronic or paper, the copy shall
				  be a facsimile.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 1 - General Requirements › Section 85301 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80001,
					 84001 for a Community Crisis Home
					 that is licensed as a Group Home, and 85001 for a Community Crisis Home that is
					 licensed as an Adult Residential Facility, the following shall apply:
(a)
(1)
				  "Assistant Behavior Analyst" means an individual who assesses the function of a
				  behavior of a client and designs, implements, and evaluates instructional and
				  environmental modifications to produce socially significant improvements in the
				  client's behavior through skill acquisition and the reduction of behavior,
				  under supervision of a Behavior Analyst. Assistant Behavior Analysts engage in
				  descriptive functional assessments to identify environmental factors of which
				  behavior is a function. An Assistant Behavior Analyst is recognized by the
				  national Behavior Analyst Certification Board as a Board Certified Assistant
				  Behavior Analyst.
(2) "Authorized
				  Consumer Representative" shall have the same meaning as California Code of
				  Regulations, Title 17, Section
				  59000. An Authorized Consumer
				  Representative shall not have the same meaning as authorized representative as
				  defined by Section
				  80001(a)(7).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 1 - General Requirements › Section 85302 - Emergency Intervention Prohibitions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 2 (section
					 85302) and section filed 2-9-2017
					 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
					 repealed by operation of law on the following day.
2. Certificate of
					 Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017
					 (Register 2017, No. 37).
3. Change without regulatory effect
					 renumbering former section
					 85301 to new section
					 85102 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1180.2,
						1180.3,
						1180.4,
						1501,
						1502
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 3 - Application Procedures › Section 85318 - Application for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80018,
					 84018 for a Community Crisis Home
					 that is licensed as a Group Home, and 85018 for a Community Crisis Home that is
					 licensed as an Adult Residential Facility, the following shall apply:
(a) A Community Crisis Home shall not be
				  licensed by the Department until the Certificate of Program Approval, granted
				  by the Department of Developmental Services, has been received in accordance
				  with Health and Safety Code section
				  1567.81.
1. Change
					 without regulatory effect renumbering former section
					 85118 to new section
					 85318 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
2. Amendment of first paragraph
					 filed 3-1-2021 as an emergency; operative 3-1-2021 (Register 2021, No. 10).
					 Pursuant to Health and Safety Code section
					 1567.87(c),
					 this is a statutorily deemed emergency and the emergency language remains in
					 effect until 3-1-2023 unless a Certificate of Compliance is transmitted to and
					 approved by OAL prior to that date.
Note: Authority cited: Sections
						1530
						and
						1567.87,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530,
						1531
						and
						1567.81,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 3 - Application Procedures › Section 85320 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A Community Crisis Home shall ensure a state fire marshal approved operable
				  automatic fire sprinkler system is installed and maintained.
(b) A Community Crisis Home shall ensure a
				  minimum of 50 percent of its bedrooms are approved by the State Fire Marshal or
				  local fire department for use by non-ambulatory clients.
1. Change
					 without regulatory effect renumbering former section
					 85120 to new section
					 85320 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
Note: Authority cited: Section
						1530
						and
						1567.87,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530,
						1531
						and
						1567.81,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 3 - Application Procedures › Section 85322 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80022,
					 84022 for a Community Crisis Home
					 that is licensed as a Group Home, and 85022 for a Community Crisis Home that is
					 licensed as an Adult Residential Facility, the following shall apply:
(a) The applicant shall submit a facility
				  program plan to the Department of Developmental Services for approval and shall
				  submit the approved plan to the Department of Social Services. The facility
				  program plan shall be included in the plan of operation, which shall be
				  approved by the Department of Social Services prior to licensure in accordance
				  with Health and Safety Code section
				  1567.84.
(b) The facility program plan shall fulfill
				  the requirements of California Code of Regulations, Title 17, Section
				  59002.
(c) A Community Crisis Home shall include in
				  the Plan of Operation a copy of the Department of Developmental Services'
				  Certificate of Program Approval as required by the California Code of
				  Regulations, Title 17, Section
				  59003.
1. New
					 article 3 (section
					 85322) and section filed 2-9-2017
					 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
					 repealed by operation of law on the following day.
2. Certificate of
					 Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017
					 (Register 2017, No. 37).
3. Change without regulatory effect
					 renumbering former section
					 85322 to section
					 85122 and renumbering former
					 section 85122 to section
					 85322 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
4. Amendment of first paragraph
					 and NOTE filed 3-1-2021 as an emergency; operative 3-1-2021 (Register 2021, No.
					 10). Pursuant to Health and Safety Code section
					 1567.87(c),
					 this is a statutorily deemed emergency and the emergency language remains in
					 effect until 3-1-2023 unless a Certificate of Compliance is transmitted to and
					 approved by OAL prior to that date.
Note: Authority cited: Sections
						1530
						and
						1567.87,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530,
						1531,
						1567.81
						and
						1567.84,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 3 - Application Procedures › Section 85340 - Denial of Initial License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Section
					 80040 and
					 84040 for a Community Crisis Home
					 that is licensed as a Group Home, the following shall apply:
(a) A Community Crisis Home shall be denied a
				  license if the Department of Developmental Services' Certificate of Program
				  Approval has not been submitted to the Department with the license application,
				  in accordance with Health and Safety Code section
				  1567.81(b) and
				  (c).
1. Change
					 without regulatory effect renumbering former section
					 85140 to new section
					 85340 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
2. Amendment of first paragraph
					 filed 3-1-2021 as an emergency; operative 3-1-2021 (Register 2021, No. 10).
					 Pursuant to Health and Safety Code section
					 1567.87(c),
					 this is a statutorily deemed emergency and the emergency language remains in
					 effect until 3-1-2023 unless a Certificate of Compliance is transmitted to and
					 approved by OAL prior to that date.
Note: Authority cited: Sections
						1530
						and
						1567.87,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530,
						1531
						and
						1567.81,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 4 - Administrative Actions › Section 85342 - Revocation or Suspension of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Section
					 80042, the following shall
					 apply:
(a) The Department shall revoke
				  the Community Crisis Home's license when the Department of Developmental
				  Services has decertified the Community Crisis Home's Certificate of Program
				  Approval, in accordance with Health and Safety Code Section
				  1524(i)
				  and
				  1567.86(a) and
				  (b), and California Code of Regulations,
				  Title 17, Section
				  59001.
1. Change
					 without regulatory effect renumbering former section
					 85142 to new section
					 85342 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
Note: Authority cited: Sections
						1530
						and
						1567.87,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1524,
						1531
						and
						1567.86,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 4 - Administrative Actions › Section 85361 - Emergency Intervention Documentation and Reporting Requirements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 6 (sections
					 85361-85369) and section filed
					 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A
					 Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-9-2017 order transmitted
					 to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).
3.
					 Change without regulatory effect renumbering former section
					 85361 to new section
					 85161 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1180.2,
						1180.3,
						1180.5,
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85364 - Administrator Certification and Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80064,
					 84064 for a Community Crisis Home
					 that is licensed as a Group Home, and 85064 for a Community Crisis Home that is
					 licensed as an Adult Residential Facility, the following shall apply:
(a) An administrator for a Community Crisis
				  Home shall also meet the following qualifications, pursuant to the California
				  Code of Regulations, Title 17, Section
				  59004:
(1) Have a minimum of 2 years of prior
				  experience providing direct care or supervision to individuals with
				  developmental disabilities; and be one of the following:
(A) A registered behavior
				  technician
(B) A licensed
				  psychiatric technician
(C) A
				  qualified behavior modification professional as defined by Section
				  89901
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85365 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80065,
					 84065 for a Community Crisis Home
					 that is licensed as a Group Home, and 85065 for a Community Crisis Home that is
					 licensed as an Adult Residential Facility, the following shall apply:
(a) The licensee shall ensure and maintain
				  documentation in the personnel file verifying that each direct care lead staff
				  person meets the following qualifications:
(1) Have a minimum of 12 months prior
				  experience providing direct care to individuals with developmental disabilities
				  with challenging behavior service needs and;
(2) Become a Registered Behavior Technician
				  within 60 days of initial employment, or be a qualified behavior modification
				  professional upon employment.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85365.5 - Staff/Client Ratios for a Community Crisis Home Licensed as a Group Home

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Community
				  Crisis Home that is licensed as a Group Home shall follow the staffing ratios
				  pursuant to Section
				  84065.5.
(1) A Community Crisis Home that is licensed
				  as a Group Home that provides care for children under the age of six shall
				  follow the staffing ratios pursuant to Section
				  84265.5.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85368 - Admission Agreements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No.
					 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-9-2017 order transmitted
					 to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).
3.
					 Change without regulatory effect renumbering former section
					 85368 to new section
					 85168 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1180,
						1180.4,
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85368.1 - Intake Admission Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 84068.1 for a Community Crisis
					 Home that is licensed as a Group Home and 85068.1 for a Community Crisis Home
					 that is licensed as an Adult Residential Facility, the following shall
					 apply:
(a) The licensee shall conduct
				  and document an initial assessment of a client prior to or within 24 hours of
				  admission to the facility.
(1) For a
				  Community Crisis Home that is licensed as an Adult Residential Facility, with
				  the exception of the time frame in Section
				  85368.1(a) above,
				  the initial assessment shall be developed pursuant to Section
				  85068.2(b)(1)(G).
(2) For a Community Crisis Home that is
				  licensed as a Group Home, the initial assessment shall be developed pursuant to
				  Section
				  1180.4
				  of the Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85368.2 - Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80068.2,
					 84068.2 for a Community Crisis
					 Home that is licensed as a Group Home, and 85068.2 for a Community Crisis Home
					 that is licensed as an Adult Residential Facility, the following shall
					 apply:
(a) The facility administrator
				  is responsible for coordinating the development and subsequent updating of the
				  client's Individual Behavior Supports Plan.
(b) The licensee shall ensure the client's
				  Individual Behavior Supports Plan include all the applicable requirements
				  established in Title 17, Division 2, Chapter 3, Subchapter 23, Section
				  59009 and
				  59010.
(c) Notwithstanding 85168.2(a), the licensee
				  of a Community Crisis Home that is licensed as an Adult Residential Facility
				  shall develop an individual emergency intervention plan for the client prior to
				  admission. In the event the client is in crisis and cannot participate in the
				  development of the individual emergency intervention plan, the licensee shall
				  utilize any relevant documentation, including but not limited to previous
				  behavior plans or client assessments provided by the regional center, to
				  complete the individual emergency intervention plan prior to admission. The
				  licensee shall ensure the client's input is included in the individual
				  emergency intervention plan as soon as possible and within 24 hours of
				  admission.
(1) The individual emergency
				  intervention plan shall be based on the initial assessment as required in
				  Section 85368.1(a)(1). In
				  the event that the provisions of the Individual Emergency Plan are addressed in
				  the Individual Behavior Supports Plan required by California Code of
				  Regulations, Title 17, Section
				  59010, and within the time frame
				  required by Section
				  85368.2(c), the
				  licensee shall not be required to complete a separate or additional Individual
				  Emergency Intervention Plan for the client.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85368.3 - Manual Restraint or Seclusion Review. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No.
					 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-9-2017 order transmitted
					 to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).
3.
					 Change without regulatory effect renumbering former section
					 85368.3 to new section
					 85168.3 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1180,
						1180.1,
						1180.5,
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85368.4 - Acceptance and Retention Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
				  85068.4 for a Community Crisis
				  Home that is licensed as an Adult Residential Facility, the following shall
				  apply:
(1) Notwithstanding 85068.4(g), there
				  shall be no limitation to the number of clients 60 years of age or older placed
				  in a Community Crisis Home that is licensed as an Adult Residential Facility
				  and the age restrictions in Section
				  85068.4(g) shall
				  not apply to a Community Crisis Home that is licensed as an Adult Residential
				  Facility.
(A) If the licensee exceeds the
				  percentages listed in 85068.4(g), the licensee shall include a statement in the
				  needs and services plan stating how the facility will care for the client given
				  the difference in age compared to the other clients.