California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4 - Residential Services and Quality Assurance Regulations › Article 12 - Secured Perimeters in Adult Residential Facilities and Group Homes › Section 56072 - Approvals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
					 of Developmental Services shall review the proposed component of the
					 applicant's or licensee's facility plan of operation described in paragraph (2)
					 of subdivision (a) of Section
					 56070, as well as additional
					 available information that the Department determines is relevant and requests
					 on the licensee's or applicant's history, if any, of providing services and
					 supports to consumers who lack hazard awareness or impulse control, and provide
					 a written determination of its approval or denial to the applicant or
					 licensee.
(b) If the Department's
					 review and approval process exceeds 30 days of the applicant's or licensee's
					 submission, or exceeds 30 days of the submission of any additional information
					 requested by the Department, the Department shall notify the applicant or
					 licensee of the reasons for the delay and the expected date of completion of
					 the review and approval process.
(c) Upon receiving written approval from the
					 Department of Developmental Services of the proposed secured perimeter
					 component of the facility plan of operation, the licensee or applicant shall
					 submit the written approval and the approved component of the licensee's or
					 applicant's plan of operation to the Department of Social Services, Community
					 Care Licensing Division (DSS CCLD) for approval or denial.
(d) The request for fire clearance for the
					 use of the secured perimeter shall be made through the the DSS CCLD. The DSS
					 CCLD approval shall be contingent on a fire clearance being obtained for the
					 specific use of the secured perimeter.
(e) The DSS CCLD shall review the licensee's
					 or applicant's licensing history, if any, as a residential service provider
					 licensed by the DSS CCLD and shall be authorized to require additional
					 documentation if needed to verify the licensee's or applicant's ability to
					 protect the health and safety of consumers.
(f) The DSS CCLD shall provide to the
					 applicant or licensee a written determination of its approval or denial of the
					 proposed secured perimeter component of the plan of operation.
(g) Upon written approval of the secured
					 perimeter component of the licensee's or applicant's plan of operation by the
					 DSS CCLD, the licensee or applicant shall submit both approvals to the local
					 regional center along with an anticipated start date for utilization of the
					 secured perimeter.
(h) The DSS CCLD
					 approval is immediately terminated by operation of law upon any suspension or
					 revocation of the fire clearance approval specific to the use of the secured
					 perimeter, or upon the Department of Developmental Services' withdrawal of its
					 approval of the secured perimeter component of the licensee's or applicant's
					 plan of operation.
1. New
						section filed 6-13-2013 as an emergency; operative 6-13-2013 (Register 2013,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 12-10-2013
						or emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 11-21-2013 as an emergency; operative
						12-11-2013 (Register 2013, No. 47). A Certificate of Compliance must be
						transmitted to OAL by 3-11-2014 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 11-21-2013 order transmitted to OAL 1-28-2014 and filed 3-12-2014
						(Register 2014, No. 11).
Note: Authority cited: Section
						  1531.15,
						  Health and Safety Code. Reference: Section
						  1531.15,
						  Health and Safety Code.