reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 5 - Admission › Section 59009 - Consumer Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prior to a consumer's admission, the regional center shall assess the
					 consumer's need for crisis intervention services and include the assessment
					 information in the documents provided to the administrator or the person
					 responsible for admissions.
(b) At
					 admission, the facility administrator shall initiate compilation of supplied
					 information and data collection.
(c) Within 24 hours of admission:
(1) The administrator or the person
					 responsible for admissions shall obtain a copy of a medical assessment of the
					 consumer that, at a minimum, meets the requirements of Title 22, California
					 Code of Regulations, Section
					 80069(c) and (d)
					 and shall put the medical assessment into the consumer's file.
(2) The regional center shall release written
					 information about the consumer to the administrator or the person responsible
					 for admissions pursuant to Section
					 56017(b)(1)-(9).
(3) The facility's health care professional,
					 within their scope of practice, shall complete an assessment that includes, but
					 is not limited to:
(A) The applicable
					 provisions of Section
					 1180.4
					 of the Health and Safety Code;
(B)
					 Review of current health status and medication(s) and the applicable
					 referral(s) shall be initiated as clinically indicated; and
(C) Necessary services/supports to meet the
					 immediate needs of the consumer.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 5.5 - Transition/Discharge › Section 59009.5 - Transition/Discharge from the Community Crisis Home

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Transition planning shall begin at the
					 time of the consumer's admission to the Community Crisis Home and shall include
					 the requirements in Section
					 59010(d)(10).
(b) To obtain the Department's initial
					 approval for a consumer to stay in a Community Crisis Home for additional
					 day(s) beyond 18 months in a Community Crisis Home licensed as an adult
					 residential facility and 12 months for a Community Crisis Home licensed as a
					 group home, the regional center executive director or their designee must
					 submit a written request to the Department at least five (5) days prior to the
					 expiration of the consumer's stay. The written requests shall be sent to
					 CCHExtensions@dds.ca.gov and must include the following information:
(1) Consumer initials, unique client
					 identifier number, Community Crisis Home facility name, and the date of
					 admission into the Community Crisis Home;
(2) The initial Functional Behavior
					 Assessment and Individual Behavior Supports Plan including the transition
					 plan;
(3) The current Individual
					 Behavior Supports Plan including the transition plan;
(4) Historical and current graphed data of
					 the consumer's target behavior(s) since entering the Community Crisis Home;
					 and
(5) Explanation of why residing
					 in the Community Crisis Home for additional day(s) is necessary to protect the
					 consumer's health or safety.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 6 - Individual Behavior Supports Plan › Section 59010 - Individual Behavior Supports Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The facility administrator is responsible
					 for coordinating the development and subsequent updating of each consumer's
					 Individual Behavior Supports Plan by the Qualified Behavior Modification
					 Professional.
(b) The Individual
					 Behavior Supports Plan must be initiated immediately at the consumer's
					 admission.
(c) Individual Behavior
					 Supports Team members shall provide their input for inclusion in the updated
					 Individual Behavior Supports Plan within seven (7) days of the consumer's
					 admission.
(d) The consumer's
					 Individual Behavior Supports Plan must be function-based, evidence-based, and
					 target functionally equivalent replacement behaviors, address the consumer's
					 individual needs, and include a description of the following:
(1) Baseline of behaviors, needs or skill
					 level;
(2) Target behaviors, skills
					 and attainable goals;
(3) Function
					 of behaviors;
(4) Desired outcomes
					 and replacement behaviors;
(5)
					 Intervention strategies, including antecedent strategies, instructional
					 strategies and consequence strategies;
(6) Entity responsible;
(7) Environmental changes;
(8) Timelines/review dates;
(9) Data collection/monitoring
					 progress/evaluation methods;
(10) A
					 written plan of transition to return to the previous placement or another
					 appropriate community placement. The Individual Behavior Supports Team must
					 review the transition plan at least monthly. The transition plan must include:
(A) Measurable transition objectives and
					 criteria, including baseline measures;
(B) Projected service and support
					 needs;
(C) Projected timeline for
					 stabilization; and
(D) A plan for
					 cross-training needs;
(11) Emergency interventions that may be
					 necessary.
(A) Emergency interventions shall
					 be included in an Individualized Emergency Intervention Plan within the
					 Individual Behavior Supports Plan.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 6.5 - Restraint and Containment › Section 59010.1 - Prohibited Emergency Interventions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Community Crisis Homes shall prohibit the use of:
(a) the prone restraint,
(b) any physical restraint or containment
					 technique that obstructs a consumer's respiratory airway or impairs the
					 consumer's breathing or respiratory capacity as specified in Health and Safety
					 Code Section
					 1180.4(c)(1),
(c) seclusion, and
(d) the emergency interventions as described
					 in Title 22, California Code of Regulations, Section
					 85102 for a Community Crisis Home
					 licensed as an adult residential facility and Section
					 84300.1 for a Community Crisis
					 Home licensed as a group home.
1. New
						article 6.5 (sections
						59010.1-59010.5) and section filed
						6-25-2021 as a deemed emergency; operative 6-25-2021 (Register 2021, No. 26).
						Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or
						emergency language will be repealed by operation of law on the following
						day.
2. New article 6.5 (sections
						59010.1-59010.5) and section
						refiled 4-25-2022 as a deemed emergency; operative 4-25-2022 (Register 2022,
						No. 17). Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or
						emergency language will be repealed by operation of law on the following
						day.
3. New article 6.5 (sections
						59010.1-59010.5) and section
						refiled 7-25-2022 as a deemed emergency; operative 7-25-2022 (Register 2022,
						No. 30). Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or
						emergency language will be repealed by operation of law on the following
						day.
4. Updating certificate of compliance information in History 1,
						2 and 3.
5. Certificate of Compliance as to 7-25-2022 order,
						including amendment of section, transmitted to OAL 5-30-2023 and filed
						7-12-2023; amendments effective 7-12-2023 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2023, No. 28).
Note: Authority cited: Sections
						  4698
						  and
						  4698.1,
						  Welfare and Institutions Code. Reference: Sections
						  4698
						  and
						  4698.1,
						  Welfare and Institutions Code; and Section
						  1180.4,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 6.5 - Restraint and Containment › Section 59010.2 - Time Limits on the Use of Physical Restraint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Physical restraint shall not continue
					 longer than necessary to control the behavior for which the physical restraint
					 was employed. The use of physical restraint must be discontinued as soon as the
					 consumer's behavior no longer poses imminent danger of serious injury to self
					 or others.
(b) Physical restraint
					 shall not be used as an extended procedure, except when there is a continued
					 need to protect the immediate health and safety of the consumer and/or others
					 from risk of imminent serious injury and the administrator or their designee
					 has approved the use of physical restraint as an extended procedure, as
					 specified in Subsections (c), (f), and (g).
(c) The following requirements must be met to
					 continue use of physical restraint beyond 15 consecutive minutes:
(1) The consumer in a physical restraint must
					 be visually checked to ensure the consumer is not injured, and that the
					 consumer's personal needs, such as access to toilet facilities, are being met.
(A) Direct care staff who use, participate
					 in, approve, or provide visual checks of physical restraints shall be trained
					 in the physical restraint technique utilized.
(B) Visual checks must be documented in the
					 consumer's file at the time of each visual check.
(C) The person conducting the visual check
					 must not be the person who is restraining the consumer.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 6.5 - Restraint and Containment › Section 59010.3 - Assessment of Potential Physical Injury After Each Use of Physical Restraint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30
					 minutes after termination of each use of physical restraint:
(1) The administrator or their designee shall
					 conduct an in-person assessment of the consumer's immediate needs and physical
					 well-being;
(A) If there is physical injury or
					 suspected physical injury, an assessment by a qualified medical professional is
					 required and shall be initiated as soon as possible;
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 6.5 - Restraint and Containment › Section 59010.4 - Debriefing After the Use of Physical Restraint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A facility must conduct a debriefing as
					 quickly as possible but no later than 24 hours following every incident
					 involving the use of physical restraint.
(b) Attendees of the debriefing shall
					 include, at minimum:
(1) The consumer who was
					 physically restrained, unless the consumer voluntarily declines;
(2) The authorized consumer representative,
					 if applicable;
(3) The staff
					 involved in the incident;
(4) An
					 administrator or their designee; and
(5) The facility's Qualified Behavior
					 Modification Professional.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 6.5 - Restraint and Containment › Section 59010.5 - Restraint Data Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Emergency Intervention Documentation and Reporting Requirements.
(1) Each use of physical restraint shall be
					 reported to the authorized consumer representative, if any, by telephone, no
					 later than the next calendar day following the use of the physical restraint.
					 This report shall include the type of emergency intervention used and the
					 duration of the physical restraint.
(A) The
					 date and time the use of physical restraint was reported to the authorized
					 consumer representative, and the date, time, and response of the authorized
					 consumer representative, shall be documented in the consumer's file no later
					 than the next calendar day.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 7 - Records Maintenance › Section 59011 - Facility Files

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each facility shall maintain a facility file, available
						on site, at the facility, which may be stored as electronic records and shall
						be made available for review, inspection, audit, or copy, upon request. The
						facility file shall contain at least the following:
(a) Facility program plan;
(b) Weekly staff schedules, including a log
					 of the hours worked by each employee;
(c) Personnel records, including:
(1) Administrator current credentials,
					 degrees, and certificates;
(2)
					 Direct care and direct care lead staff current credentials, degrees, and
					 certificates;
(3) Qualified
					 Behavior Modification Professional current credentials, degrees, and
					 certificates;
(4) Documentation of
					 completed staff training, including a log of the hours per employee;
(5) Hire, promotion, and separation dates;
					 and
(6) Registered Behavior
					 Technician supervised hours log.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 8 - Monitoring › Section 59013 - Regional Center Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The consumer's regional center is responsible for monitoring and evaluating
					 services provided in the Community Crisis Home by conducting or coordinating
					 with the vendoring regional center at least monthly face-to-face case
					 management visits with each consumer, or more frequently, if specified in the
					 consumer's IPP.
(b) In addition,
					 the vendoring regional center is responsible for monitoring and evaluating
					 services provided in the Community Crisis Home by conducting a quarterly
					 quality assurance visit.
(c) The
					 vendoring regional center Qualified Behavior Modification Professional shall
					 visit the consumer(s), in person, at least monthly in the Community Crisis Home
					 to monitor the Individual Behavior Supports Plan objectives, and prepare
					 written documentation on the status of the objectives. At least four of these
					 visits per year must be unannounced.
(d) The Department shall monitor regional
					 center compliance with Subsections (a), (b) and (c). Monitoring must include
					 on-site visits by the Department to each Community Crisis Home at least once
					 every six months, including review of the written documentation prepared by the
					 regional center Qualified Behavior Modification Professional.
(1) The Regional Center shall submit to the
					 Department a letter detailing how the findings and recommendations have been
					 completed and a timeline for addressing any outstanding findings within 30 days
					 of receipt of the Department's written findings and recommendations unless the
					 Department determines submittal is required more immediately based on findings
					 impacting the health and safety of consumers.
(A) The written responses shall be submitted
					 to the Department at EBSHCCHMonitoring@dds.ca.gov.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 9 - Contract › Section 59014 - Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to placing any consumer into a Community Crisis
						Home, the vendoring regional center and the vendor shall execute a contract
						that includes, at a minimum, all of the following:
(a) The name of the regional center and the
					 licensee;
(b) The effective date
					 and termination date of the contract;
(c) A requirement that the execution of any
					 amendment or modification to the contract be in accordance with all applicable
					 laws and be by mutual agreement of both parties;
(d) A requirement that the licensee and the
					 agents and employees of the licensee, in the performance of the contract, act
					 in an independent capacity, and not as officers or employees or agents of the
					 regional center or the State;
(e)
					 Incorporation, by reference, of the Community Crisis Home's approved program
					 plan and certificate of program approval as issued by the Department;
(f) Specification of how any portion of the
					 facility rate not funded by a consumer placement will be funded, pursuant to
					 Section 59022(a)(3)(A)-(C);
					 and
(g) The approved facility
					 monthly rate of payment.
1. New
						article 9 (sections
						59014-59016) and section filed
						3-20-2017 as an emergency; operative 3-20-2017 (Register 2017, No. 12).
						Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 3-19-2019 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 3-20-2017 order transmitted
						to OAL 2-8-2019 and filed 3-25-2019 (Register 2019, No.
						13).
Note: Authority cited: Section
						  4698.1,
						  Welfare and Institutions Code. Reference: Sections
						  4698
						  and
						  4698.1,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 9 - Contract › Section 59015 - Contract Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A vendoring regional center may terminate its contract with the Community
					 Crisis Home when the regional center determines that the Community Crisis Home:
(1) Is unable to maintain substantial
					 compliance with applicable laws or its contract with the regional center,
					 or
(2) Demonstrates an inability to
					 ensure the health and safety of the consumers.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 9 - Contract › Section 59016 - Contract Termination Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Community Crisis Home may appeal the
					 vendoring regional center's decision to terminate its contract.
(b) An appeal must be submitted in writing
					 and include reasons and facts demonstrating why the termination is
					 inappropriate.
(c) An appeal must
					 be received by the vendoring regional center within 10 working days from
					 receipt of the regional center letter notifying the Community Crisis Homes of
					 its intent to terminate the contract.
(d) The vendoring regional center's director
					 shall respond with his or her decision within 10 working days of the date of
					 receipt of the appeal from the Community Crisis Home.
(e) The decision by the vendoring regional
					 center's director is the final administrative decision.
(f) The vendoring regional center shall
					 submit the director's decision to the Department and the Department of Social
					 Services on the same date it is signed.
(g) The vendoring regional center shall mail
					 the director's decision to the administrator within two working days of
					 signature.
(h) Termination of the
					 contract shall be suspended upon receipt of an appeal pursuant to subsection
					 (c) pending the outcome of the appeal.
1. New
						section filed 3-20-2017 as an emergency; operative 3-20-2017 (Register 2017,
						No. 12). Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 3-19-2019 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 3-20-2017 order, including
						amendment of subsection (h), transmitted to OAL 2-8-2019 and filed 3-25-2019;
						amendments operative 3-25-2019 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2019, No. 13).
Note: Authority cited: Sections
						  4698
						  and
						  4698.1,
						  Welfare and Institutions Code. Reference: Sections
						  4698
						  and
						  4698.1,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59017 - Immediate Danger

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 regional center shall immediately investigate situations that come to the
					 attention of, or are reported to, the regional center that constitute, or may
					 constitute, an immediate danger. Situations requiring investigation include,
					 but are not limited to, those specified in Section
					 56053(a)(1)-(5).
(b) When investigating a potential situation
					 constituting an immediate danger, the regional center shall comply with Section
					 56053(b)-(f).
1. New
						article 10 (sections
						59017-59021) and section filed
						3-20-2017 as an emergency; operative 3-20-2017 (Register 2017, No. 12).
						Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 3-19-2019 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 3-20-2017 order, including
						amendment of subsection (a), transmitted to OAL 2-8-2019 and filed 3-25-2019;
						amendments operative 3-25-2019 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2019, No. 13).
Note: Authority cited: Section
						  4698.1,
						  Welfare and Institutions Code. Reference: Sections
						  4698
						  and
						  4698.1,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59018 - Substantial Inadequacies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The regional center shall investigate situations that come to the attention of,
					 or are reported to, the regional center that constitute or may constitute a
					 substantial inadequacy immediately following the notification. Situations that
					 shall be investigated include those described in Section
					 56054(a)(1)-(13).
(b) When investigating a potential
					 substantial inadequacy, the regional center shall have the authority to make an
					 unannounced visit(s) to the facility.
1. New
						section filed 3-20-2017 as an emergency; operative 3-20-2017 (Register 2017,
						No. 12). Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 3-19-2019 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 3-20-2017 order, including
						amendment of subsection (a), transmitted to OAL 2-8-2019 and filed 3-25-2019;
						amendments operative 3-25-2019 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2019, No. 13).
Note: Authority cited: Section
						  4698.1,
						  Welfare and Institutions Code. Reference: Sections
						  4898
						  and
						  4698.1,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59019 - Corrective Action Plan (CAP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center and the administrator
					 shall comply with the requirements for CAPs described in Section
					 56056.
(b) The regional center shall forward a copy
					 of the CAP to the Department and the Department of Social Services.
1. New
						section filed 3-20-2017 as an emergency; operative 3-20-2017 (Register 2017,
						No. 12). Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 3-19-2019 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 3-20-2017 order transmitted
						to OAL 2-8-2019 and filed 3-25-2019 (Register 2019, No.
						13).
Note: Authority cited: Sections
						  4698
						  and
						  4698.1,
						  Welfare and Institutions Code. Reference: Sections
						  4698
						  and
						  4698.1,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59020 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regional center shall apply sanctions to a Community
						Crisis Home pursuant to Section
						56057.
1. New
						section filed 3-20-2017 as an emergency; operative 3-20-2017 (Register 2017,
						No. 12). Pursuant to Welfare and Institutions Code section
						4698.1(b),
						a Certificate of Compliance must be transmitted to OAL by 3-19-2019 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 3-20-2017 order transmitted
						to OAL 2-8-2019 and filed 3-25-2019 (Register 2019, No.
						13).
Note: Authority cited: Section
						  4698.1,
						  Welfare and Institutions Code. Reference: Sections
						  4698
						  and
						  4698.1,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 10 - Corrective Action Plans and Sanctions › Section 59021 - Facility Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 administrator may appeal, pursuant to Sections
					 56061-56065 and
					 56067, a regional center action
					 taken in accordance with Sections
					 59017,
					 59018, or
					 59020.
(b) Implementation of regional center actions
					 during the appeal process occurs as follows:
(1) In the case of immediate danger, the
					 action of the regional center shall remain in effect throughout the appeal
					 process.
(2) In the case of
					 substantial inadequacies, corrective action shall be suspended until the appeal
					 process is complete, except in situations specified in Section
					 56054(a)(1).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 23 - Community Crisis Homes › Article 11 - Rates › Section 59022 - Establishment of Rates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Community Crisis Home Facility Component -- Service Code 902.
(1) A Community Crisis Home administrator
					 shall complete one Department form DS 6023 (Rev 9/2021) entitled "Rate
					 Development -- Facility Costs" for the facility.
(A) The administrator shall submit a
					 completed Department form DS 6023 to the regional center for review,
					 negotiation and written approval as part of the initial contract execution
					 pursuant to Section
					 59014.
(B) The regional center shall review the
					 facility rate as part of the contract renewal pursuant to Section
					 59014, and the administrator shall
					 submit an updated Department form DS 6023 to the regional center for review and
					 written approval. Any change to the facility rate shall become effective on the
					 first day of the month following approval.
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 2 - General Requirements › Section 59051 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The vendoring regional center shall assign a facility liaison to each vendored
					 Enhanced Behavioral Supports Home.
(b) The Department may decertify an Enhanced
					 Behavioral Supports Home that it determines is not in compliance with
					 applicable laws or when it cannot ensure the health and safety of consumers.
					 The Department shall inform the Department of Social Services of any decision
					 to decertify a facility on the same day.
(c) An Enhanced Behavioral Supports Home
					 shall install and maintain an operable automatic fire sprinkler
					 system.
(d) Each consumer must be
					 provided with their own private bedroom.
(e) An applicant for an Enhanced Behavioral
					 Supports Home shall complete the regional center's residential services
					 orientation pursuant to Section
					 56003.
(f) Seclusion shall not be utilized in an
					 Enhanced Behavioral Supports Home, consistent with Section
					 50515(a).
(g) An Enhanced Behavioral Supports Home
					 shall maintain a facility file as required by Section
					 59061 and a consumer file as
					 required in Section
					 59062.
(1) The facility file and consumer file shall
					 be immediately available upon Department request and must be the original or a
					 facsimile of the original. A facsimile is an exact copy of the original. In the
					 event the Department requests a physical copy, whether electronic or paper, the
					 copy shall be a facsimile.
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 3 - Facility Program Plan › Section 59053 - Facility Program Plan Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The facility applicant shall submit the
					 proposed facility program plan to the vendoring regional center responsible for
					 contract development.
(b) The
					 regional center shall submit a copy of the proposed facility program plan along
					 with its recommendation for approval to the Department.
(c) Upon approval by the Department, the
					 Department shall issue a certificate of program approval for the Enhanced
					 Behavioral Supports Home and provide a copy to the regional center and the
					 Department of Social Services within 10 days of approval.
(d) The certificate of program approval must
					 be included in the plan of operation submitted to the Department of Social
					 Services.
(e) The facility
					 administrator shall submit any proposed changes in the operation of the
					 facility that alters the contents of the approved facility program plan,
					 including a change of administrator, to the Department and the contracting
					 regional center. Both entities shall approve the proposed changes prior to
					 implementation. The Department shall notify the Department of Social Services
					 of the approved change(s) on the date of approval.
1. New
						section filed 2-5-2016 as a deemed emergency pursuant to Welfare and
						Institutions Code section
						4684.86;
						operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be
						transmitted to OAL within 24 months. The emergency regulations may be readopted
						and remain in effect until approval of the Certificate of
						Compliance.
2. Certificate of Compliance as to 2-5-2016 order,
						including amendment of section, transmitted to OAL 3-27-2017 and filed
						5-9-2017; amendments operative 5-9-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 19).
Note: Authority cited: Section
						  4684.86,
						  Welfare and Institutions Code. Reference: Sections
						  4684.81
						  and
						  4684.86,
						  Welfare and Institutions Code.
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 4 - Personnel › Section 59054 - Administrator Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An administrator must:
(1) Have a minimum of two 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.
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 4 - Personnel › Section 59055 - Direct Care Staff Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A direct care lead staff person must:
(1) Have at least one year prior experience
					 providing direct care to individuals with developmental disabilities, with a
					 focus on behavioral services; and
(2) Become a Registered Behavior Technician
					 within 60 days of initial employment; or, be either:
(A) A Licensed Psychiatric Technician;
					 or
(B) A Qualified Behavior
					 Modification Professional.
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 4 - Personnel › Section 59057 - Staff Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensee shall ensure that each direct care staff person completes a minimum of
					 32 hours of on-site orientation within the first 40 hours of employment. The
					 on-site orientation must include the following:
(1) Training required pursuant to Title 22,
					 California Code of Regulations, Section
					 89965(h);
(2) Overview of the following concepts,
					 including, but not limited to:
(A)
					 Trauma-informed care;
(B)
					 Person-centered practices;
(C)
					 Positive behavioral supports; and
(D) Cultural competency.
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 4 - Personnel › Section 59058 - Continuing Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In addition to the training requirements in Section
					 59057, the licensee shall ensure
					 that direct care staff complete a minimum of 25 hours of continuing education
					 on an annual basis covering, but not limited to, the subjects specified in
					 Section 59057(a).
(b) Enhanced Behavioral Supports Homes shall
					 provide five (5) hours of competency-based continuing education in the areas of
					 person-centered practices, positive behavioral supports, trauma-informed care,
					 and cultural competency which may be counted towards the required hours in
					 Subsection (a).
(c) For Enhanced
					 Behavioral Supports Homes licensed as group homes, 10 of the continuing
					 education hours required by Title 22, California Code of Regulations, Section
					 84065(j) may be
					 counted towards the required hours in Subsection (a).
(d) The licensee shall require that direct
					 care staff complete additional continuing education, as necessary, to ensure
					 the continued health and safety of each consumer.
(e) Successful completion of the
					 competency-based training and passage of the competency test required by
					 Sections 59057(e)
					 satisfies the direct care staff continuing education requirements specified in
					 Subsection (a) for the year in which the training is satisfactorily
					 completed.
(f) In addition to the
					 training requirements in Subsection (a), the licensee shall ensure that direct
					 care staff renew the 16 hours of emergency intervention training required in
					 Section 59057(b)
					 annually.
(g) The administrator
					 shall ensure a minimum of 20 minutes of monthly emergency intervention
					 refresher staff training is provided by a qualified instructor pursuant to
					 Title 22, California Code of Regulations, Section
					 85165(c), which
					 may be counted towards the required hours in Subsection (f). The refresher
					 training must:
(1) Focus on one of the
					 emergency intervention and de-escalation strategies direct care staff will use
					 to prevent serious injury and maintain safety of consumers who are a danger to
					 self or others; and
(2) Emphasize
					 trauma-informed positive behavioral supports and techniques that are
					 alternatives to physical restraint.
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 5 - Admission › Section 59059 - Consumer Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prior to a consumer's admission:
(1) The
					 regional center shall assess the consumer's need for enhanced behavioral
					 services and supports and provide a copy of the assessment to the
					 administrator.
(2) The
					 administrator shall obtain a copy of a medical assessment of the consumer that,
					 at a minimum, meets the requirements of Title 22, California Code of
					 Regulations, Section
					 80069 and shall put the medical
					 assessment into the consumer's file prior to or at admission.
(3) The regional center shall release written
					 information about the consumer to the administrator pursuant to Section
					 56017(b)(1)-(9).
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 5.5 - Transition/Discharge › Section 59059.5 - Transition/Discharge from the Enhanced Behavioral Supports Home

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to a consumer's admission:
(1) The regional center shall assess the
					 consumer's need for enhanced behavioral services and supports and provide a
					 copy of the assessment to the administrator.
(2) The administrator shall obtain a copy of
					 a medical assessment of the consumer that, at a minimum, meets the requirements
					 of Title 22, California Code of Regulations, Section
					 80069 and shall put the medical
					 assessment into the consumer's file prior to or at admission.
(3) The regional center shall release written
					 information about the consumer to the administrator pursuant to Section
					 56017(b)(1)-(9).
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 6 - Individual Behavior Supports Plan › Section 59060 - Individual Behavior Supports Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The facility administrator is responsible
					 for coordinating the development and subsequent updating of each consumer's
					 Individual Behavior Supports Plan by the Qualified Behavior Modification
					 Professional.
(b) The Individual
					 Behavior Supports Plan must be developed within seven (7) days of the
					 consumer's admission.
(c) The
					 Individual Behavior Supports Team members shall provide their input for
					 inclusion in the Individual Behavior Supports Plan within 30 days of the
					 consumer's admission, review the plan monthly, and provide updated information
					 as necessary.
(d) The consumer's
					 Individual Behavior Supports Plan must be function-based, evidence-based,
					 target functionally equivalent replacement behaviors, address the consumer's
					 individual needs, and include a description of the following:
(1) Baseline behaviors, needs or skill
					 level;
(2) Target behaviors,
					 skills, and attainable goals;
(3)
					 Function of behaviors;
(4) Desired
					 outcomes/replacement behaviors;
(5)
					 Intervention strategies, including antecedent strategies, instructional
					 strategies and consequence strategies;
(6) Entity responsible;
(7) Environmental changes;
(8) Timelines/review dates;
(9) Data collection/monitoring
					 progress/evaluation methods;
(10) A
					 written plan of transition applicable for consumers as specified in Section
					 59059.5(a)(1)-(3);
					 and
(11) Emergency Interventions
					 that may be necessary.
(A) Emergency
					 interventions shall be included in an Individualized Emergency Intervention
					 Plan within the Individual Behavior Supports Plan.
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 6.5 - Restraint and Containment › Section 59060.1 - Prohibited Emergency Interventions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Enhanced Behavioral Supports Homes shall prohibit the use
						of:
(a) the prone restraint,
(b) any physical restraint or containment
					 technique that obstructs a consumer's respiratory airway or impairs the
					 consumer's breathing or respiratory capacity as specified in Health and Safety
					 Code Section
					 1180.4(c)(1),
(c) seclusion, and
(d) the emergency interventions as described
					 in Title 22, California Code of Regulations, Section
					 85102 for an Enhanced Behavioral
					 Supports Home licensed as an adult residential facility and Section
					 84300.1 for an Enhanced Behavioral
					 Supports Home licensed as a group home.
1. New
						article 6.5 (sections
						59060.1-59060.5) and new section
						filed 7-12-2023; operative 7-12-2023 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2023, No. 28).
Note: Authority cited: Sections
						  4684.80,
						  4684.81
						  and
						  4684.86,
						  Welfare and Institutions Code. Reference: Sections
						  4684.80,
						  4684.81
						  and
						  4684.86,
						  Welfare and Institutions Code; and Section
						  1180.4,
						  Health and Safety Code.
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 6.5 - Restraint and Containment › Section 59060.2 - Time Limits on the Use of Physical Restraint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Physical restraint shall not continue
					 longer than necessary to control the behavior for which the physical restraint
					 was employed. The use of physical restraint must be discontinued as soon as the
					 consumer's behavior no longer poses imminent danger of serious injury to self
					 or others.
(b) Physical restraint
					 shall not be used as an extended procedure, except when there is a continued
					 need to protect the immediate health and safety of the consumer and/or others
					 from risk of imminent serious injury and the administrator or their designee
					 has approved the use of physical restraint as an extended procedure, as
					 specified in Subsections (c), (f), and (g).
(c) The following requirements must be met to
					 continue use of physical restraint beyond 15 consecutive minutes:
(1) The consumer in a physical restraint must
					 be visually checked to ensure the consumer is not injured, and that the
					 consumer's personal needs, such as access to toilet facilities, are being met;
(A) Direct care staff who use, participate
					 in, approve, or provide visual checks of physical restraints shall be trained
					 in the physical restraint technique utilized.
(B) Visual checks must be documented in the
					 consumer's file at the time of each visual check.
(C) The person conducting the visual check
					 must not be the person who is restraining the consumer.
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 6.5 - Restraint and Containment › Section 59060.3 - Assessment of Potential Physical Injury After Each Use of Physical Restraint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30
					 minutes after termination of each use of physical restraint:
(1) The administrator or their designee shall
					 conduct an in-person assessment of the consumer's immediate needs and physical
					 well-being;
(A) If there is physical injury or
					 suspected physical injury, an assessment by a qualified medical professional is
					 required and shall be initiated as soon as possible;