California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 24 - Enhanced Behavioral Supports Homes › Article 1 - Definitions › Section 59050 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
					 definitions shall apply to the regulations used in this subchapter:
(1) "Administrator" means the person defined
					 in Title 22, California Code of Regulations, Section
					 80001(a)(2) who
					 also meets the additional requirements of Section
					 59054.
(2) "Assistant Behavior Analyst" means a
					 person recognized by the national Behavior Analyst Certification Board as a
					 Board-Certified Assistant Behavior Analyst.
(3) "Authorized Consumer Representative"
					 means the parent or guardian of a child, conservator of an adult, or person who
					 is legally entitled to act on behalf of the consumer.
(4) "Behavior Analyst" means a person
					 recognized by the national Behavior Analyst Certification Board as a
					 Board-Certified Behavior Analyst.
(5) "Behavioral Restraint" means the type of
					 intervention defined in Health and Safety Code Section
					 1180.1(a).
(6) "Child" means a person under the age of
					 18 placed in an Enhanced Behavioral Supports Home licensed as a group
					 home.
(7) "Clients' Rights
					 Advocate" means the representative of the nonprofit agency with which the
					 Department contracts for clients' rights advocacy services pursuant to Section
					 4433(b)
					 of the Welfare and Institutions Code who is responsible for clients' rights
					 assurances for persons with developmental disabilities.
(8) "Consultant" means a person or group
					 eligible for vendorization in accordance with Sections
					 54319 and
					 54342 and qualified by training,
					 education, and/or experience that provide a service integral to a consumer's
					 Individual Behavior Supports Plan, as identified by the Individual Behavior
					 Supports Team.
(9) "Consumer" means
					 a person who has been determined by a regional center to meet the eligibility
					 criteria of Section
					 4512(a)
					 of the Welfare and Institutions Code, and Sections
					 54000,
					 54001 and
					 54010, and for whom the regional
					 center has accepted responsibility.
(A) A
					 consumer residing in an Enhanced Behavioral Supports Home is a "client" as
					 defined in Title 22, California Code of Regulations, Section
					 80001(c)(9).
(10) "Community Emergency
					 Services" means law enforcement, crisis teams, or intensive transition
					 services.
(11) "Containment" means
					 a brief physical restraint of a consumer for the purpose of effectively gaining
					 quick control of a consumer who is aggressive or agitated or who is a danger to
					 self or others.
(12) "Continuous
					 Quality Improvement System" means a process to ensure systematic improvement of
					 services to increase positive outcomes for the consumers being
					 served.
(13) "Culturally competent
					 and linguistically appropriate" means the ability to reach underserved cultural
					 populations and address specific barriers related to racial, ethnic, cultural,
					 language, gender, age, economic, or other disparities in mental health services
					 access, quality, and outcomes.
(14)
					 "Day" means calendar day unless otherwise stated.
(15) "Department" means the Department of
					 Developmental Services.
(16)
					 "Direct Care Staff" means facility staff who personally provide direct
					 supervision and special services to consumers, as defined in Section
					 56002(a). The
					 term includes the licensee, the administrator, management, supervisory, and
					 lead staff during that time when they are providing direct supervision and
					 special services to consumers.
(A) Direct
					 supervision and special services shall include "care and supervision" as
					 defined in Title 22, California Code of Regulations, Section
					 80001(c)(3).
(17) "Dual Agency Client" means a
					 foster child in temporary custody of the child welfare agency under Section
					 319
					 of the Welfare and Institutions Code or under the jurisdiction of the juvenile
					 court pursuant to Sections
					 300,
					 450,
					 601,
					 or
					 602
					 of the Welfare and Institutions Code who is also either a consumer of regional
					 center services, or who is receiving services under the California Early
					 Intervention Services Act (Title 14 (commencing with Section
					 95000) of the Government Code) but
					 is under three (3) years of age and has not yet been determined to have a
					 developmental disability.
(18)
					 "Emergency Intervention(s)" means the intervention(s) used with consumers
					 during the time they present an imminent danger of serious injury to self or
					 others, which cannot be prevented by the use of a less restrictive
					 technique.
(19) "Emergency
					 Intervention Plan" means a written plan, which addresses the implementation of
					 emergency interventions and the prevention of serious injury and includes the
					 content specified in Section
					 59052(a)(7)(D).
(20) "Enhanced Behavioral Services and
					 Supports" means additional staffing, supervision, and other services and
					 supports to address a consumer's challenging behaviors, which are beyond what
					 is typically available in other community living arrangements.
(21) "Enhanced Behavioral Supports Home"
					 means an adult residential facility or a group home certified by the Department
					 and licensed by the Department of Social Services that provides 24-hour
					 nonmedical care to individuals with developmental disabilities who require
					 enhanced behavioral supports, staffing, and supervision in a homelike setting,
					 as defined in Section
					 4684.80
					 of the Welfare and Institutions Code. An Enhanced Behavioral Supports Home
					 shall have a maximum capacity of four (4) consumers.
(22) "Extended Procedure" means physical
					 restraint that lasts for more than 15 consecutive minutes.
(23) "Facility Liaison" means the person, or
					 their designee, assigned by the vendoring regional center as the principal
					 coordinator between the regional center and the facility.
(24) "Functional Behavior Assessment" means a
					 variety of systematic information-gathering activities whereby relevant and
					 specific data is collected to determine factors influencing the occurrence of a
					 behavior, such as but not limited to antecedents, consequences, setting events,
					 motivating operations, trauma history, indirect assessment, direct observation,
					 and experimental analysis. The results are used as the basis to design a
					 consumer's Individual Behavior Supports Plan.
(25) "Immediate Danger" means conditions
					 which constitute an impending threat to the health and safety of a consumer,
					 and which require immediate action by the regional center to safeguard the
					 health and safety of the consumers in the facility, and as defined in Section
					 56053.
(26) "Individual Behavior Supports Plan"
					 means the plan that: identifies and documents the behavior, intensive support,
					 and service needs of a consumer; details the strategies to be employed and
					 services to be provided to address those needs; and includes the entity
					 responsible for providing those services and timelines for when each identified
					 individual behavior support will commence. This plan includes the requirements
					 of Section
					 1180.4(a)
					 of the Health and Safety Code.
(27)
					 "Individual Behavior Supports Team" means those individuals who participate in
					 the development, revision, and monitoring of the Individual Behavior Supports
					 Plan for consumers residing in an Enhanced Behavioral Supports Home.
(A) The team shall, at a minimum, be composed
					 of the following individuals:
1. Consumer
					 and, where applicable, authorized consumer representative;
2. Regional center service coordinator and
					 other regional center representatives, as necessary;
3. Licensee's Qualified Behavior Modification
					 Professional;
4. Enhanced
					 Behavioral Supports Home administrator; and
5. Clients' rights advocate, unless the
					 consumer objects.
(B)
					 The team may also include:
1. Regional
					 center's mobile crisis team;
2.
					 Representative(s) from the consumer's prior residence and/or identified
					 alternative future community-based residential setting, as
					 applicable;
3. Representative(s)
					 from the responsible Local Education Agency or agencies, as defined in Section
					 49005.1(c)
					 of the Education Code; and,
4. Any
					 individual(s) deemed necessary by the consumer, or, where applicable, their
					 authorized consumer representative, if any, for developing a comprehensive and
					 effective Individual Behavior Supports Plan.
(28) "Individualized Emergency Intervention
					 Plan" means a written plan addressing the prevention of serious injury and
					 implementation of emergency intervention techniques that will be used with a
					 specific consumer, which are in addition to, and are not prohibited by the
					 emergency intervention techniques set forth in the facility Emergency
					 Intervention Plan. The Individualized Emergency Intervention Plan shall:
(A) Be developed in consultation with the
					 consumer and, if available, someone whom the consumer desires to provide input,
					 in accordance with Section
					 1180.4(a)
					 of the Health and Safety Code; and
(B) Include consumer-centered problem-solving
					 strategies that diffuse and safely resolve emerging crisis situations and
					 strategies to minimize time spent in behavioral restraints.
(29) "Individual Program Plan"
					 (IPP) means a written plan that is developed by the planning team, in
					 accordance with the provisions of Sections
					 4646
					 and
					 4646.5
					 of the Welfare and Institutions Code.
(30) "Intensive Transition Services" means
					 services offered to persons with intellectual and/or developmental disabilities
					 and co-occurring psychiatric disabilities before, during, and after transition
					 from a highly restrictive setting to a less restrictive living situation in the
					 community.
(31) "Licensee" means
					 the adult, firm, partnership, association, corporation, county, city, public
					 agency, or other governmental entity having the authority and responsibility
					 for the operation of a licensed community care facility.
(32) "Physical restraint" means the use of a
					 manual hold to restrict freedom of movement of all or part of a consumer's
					 body, or to restrict normal access to the consumer's body, and that is used as
					 a behavioral restraint. "Physical restraint" is staff-to-consumer physical
					 contact in which the consumer unwillingly participates. "Physical restraint"
					 does not include briefly holding a consumer without undue force in order to
					 calm or comfort, or physical contact intended to gently assist a consumer in
					 performing tasks or to guide or assist a consumer from one area to
					 another.
(33) "Planning Team"
					 refers to the planning team defined in Section
					 4512(j)
					 of the Welfare and Institutions Code, which develops and reviews a consumer's
					 IPP through the planning process described in Sections
					 4646
					 and
					 4646.5
					 of the Welfare and Institutions Code.
(34) "Prone restraint" means that the
					 consumer is restrained in a horizontal facedown position on the floor or other
					 surface, and physical pressure is applied to the consumer's body to keep the
					 consumer in the prone position.
(35) "Qualified Behavior Modification
					 Professional" means a person with a minimum two (2) years of experience in
					 designing, supervising, and implementing behavior modification services as one
					 of the following:
(A) An Assistant Behavior
					 Analyst certified by the national Behavior Analyst Certification Board as a
					 Certified Assistant Behavior Analyst;
(B) A Behavior Analyst certified by the
					 national Behavior Analyst Certification Board as a Certified Behavior
					 Analyst;
(C) A Licensed Clinical
					 Social Worker, pursuant to Sections
					 4996-
					 4998.5
					 of the Business and Professions Code;
(D) A Licensed Marriage and Family Therapist,
					 pursuant to Sections
					 4980-
					 4984.7
					 of the Business and Professions Code;
(E) A psychologist, licensed by the
					 California Board of Psychology; or
(F) A professional with California licensure,
					 which permits the design of behavior modification intervention
					 services.
(36)
					 "Registered Behavior Technician" means a person recognized by the national
					 Behavior Analyst Certification Board as a Registered Behavior
					 Technician.
(37) "Seclusion" means
					 the involuntary confinement of a consumer alone in a room or an area from which
					 the consumer is physically prevented from leaving. "Seclusion" does not include
					 a "time-out".
(38) "Supine
					 restraint" means the consumer is restrained in a horizontal face up position on
					 the floor or other surface, and physical pressure is applied to the consumer's
					 body to keep the consumer in the supine position.
(39) "Substantial Inadequacy" means
					 conditions posing a threat to the health and safety of any consumer, that are
					 not considered an immediate danger as specified in Section
					 56053, and as defined in Section
					 56054.
(40) "Time-Out" means a behavioral management
					 technique involving the consumer, voluntarily and without force, being
					 separated from the current environment to calm and allow the consumer to regain
					 self-control.
(41) "Trauma-Informed
					 Care" means a care approach that involves an understanding of the impact of
					 adverse experiences and responds to symptoms of chronic interpersonal trauma
					 and traumatic stress that can arise across the lifespan of a consumer. The
					 approach includes integrating this understanding into facility policies,
					 procedures, staff training, and a consumer's assessments and plans.
(42) "Working Day" means any day that is not
					 a Saturday, Sunday, or holiday as specified in Sections
					 6700 and
					 6701 of
					 the Government Code.