reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 4 - Electroconvulsive Therapy (ECT) › Section 50831 - Procedure for Seeking Approval to Use ECT

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All proposals to use ECT shall be
					 developed into a program that is fully described in a treatment plan. The
					 proposed treatment plan shall include at a minimum:
(1) A description of:
(A) The reasons for proposing the use of ECT
					 which shall include:
(1) A list of the client
					 behaviors, symptoms, and diagnoses leading to the decision to propose the use
					 of ECT.
(2) The results of other,
					 less restrictive alternative treatments used to modify these behaviors or
					 alleviate the described symptoms.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 4 - Electroconvulsive Therapy (ECT) › Section 50832 - Electroconvulsive Therapy (ECT) Review Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The ECT Review Committee shall be
					 established and shall consist of at least four persons, including:
(1) Two board certified psychiatrists and/or
					 neurologists, licensed in California with experience in electroconvulsive
					 treatment; one of whom shall be appointed by the facility and one of whom shall
					 be appointed by the local mental health director. Neither of these physicians
					 shall be the client's treating physicians.
(2) A representative from the Department of
					 Developmental Services appointed by the Director who will function as a Clients
					 Rights Advocate; and
(3) A
					 representative from the Area Board serving the area in which the client
					 resides, appointed by the Chairperson of the Area Board.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 4 - Electroconvulsive Therapy (ECT) › Section 50833 - Criteria for Approval of ECT

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following criteria are required, at a
					 minimum, for approval of ECT:
(1) The ECT
					 Review Committee shall consider for approval or denial only those proposed
					 treatment plans which have met the requirements specified in Section
					 50831.
(2) Approval is predicated upon the unanimous
					 agreement of the ECT Review Committee with the treating physician's
					 determinations.
(3) If the ECT
					 Review Committee approves the proposed treatment plan, their approval shall be
					 limited to 30 days, effective upon written notification of the committee's
					 approval shall be limited to 30 days, effective upon written notification of
					 the committee's approval. Further, the approval of the ECT Review Committee
					 shall be nullified if the treatment plan is not followed exactly as written
					 when approved.
(4) Approval of the
					 proposed plan by the ECT Peer Review Committee shall not supersede or replace
					 the review requirements necessary under Section
					 5325 et seq. of the Welfare and
					 Institutions Code. The review of a proposal to use ECT with a person with both
					 developmental disabilities and a mental illness that might justify the use of
					 ECT shall be completed separately and independently by both the ECT Peer Review
					 Committee pursuant to these regulations and the reviewing entity required by
					 Sections 5325 et seq. of the Welfare and
					 Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 4 - Electroconvulsive Therapy (ECT) › Section 50834 - Procedures for Review of Proposed ECT

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The ECT Review Committee shall complete
					 its review of all treatment plans submitted pursuant to Section
					 50831 within 30 calendar days of
					 receipt of the plans. The chairperson of the ECT Review Committee shall
					 telephone the requesting physician and relay the committee's approval or denial
					 of the proposed treatment plan on the day the review is completed.
(b) Written notice of the approval or denial
					 shall:
(1) Be mailed within five working days
					 of the telephone notice pursuant to paragraph (a).
(2) Include express findings of conformity or
					 nonconformity to the criteria in Section
					 50833 with statements of reasons
					 for each finding.
(3) Be documented
					 in the client's treatment record.
(4) Be signed by all members of the ECT
					 Review Committee.
(5) Be
					 permanently attached to the treatment plan as proposed.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 8 - Peer Review of Behavior Modification Interventions that Cause Pain or Trauma, and Electroconvulsive Therapy › Article 4 - Electroconvulsive Therapy (ECT) › Section 50835 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The physician conducting the ECT shall submit a narrative
						progress report within 30 days of completion of the treatment to the ECT Review
						Committee. The report shall include, but not be limited to, the number of
						treatments given and the benefits derived. This regulation shall also apply to
						physicians who are small businesses.
1. New
						section filed 9-29-89; operative 10-29-89 (Register 89, No.
						40).
Note: Authority cited: Section
						  4505,
						  Welfare and Institutions Code. Reference: Section
						  4505,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 1 - General Provisions and Definitions › Section 50900 - Intent and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The intent and purpose of this subchapter is to
						implement, interpret, and make specific, and this subchapter shall be read in
						conjunction with, the statutory provisions of the Lanterman Developmental
						Disabilities Services Act (Division 4.5 of the Welfare and Institutions Code,
						commencing with Section
						4700) relative to the fair hearing
						procedures and fair hearing rights of persons applying for or receiving
						services pursuant to said Act. It is the intent of this subchapter:
(a) To implement the fair hearing procedures
					 such that resolutions of disagreements may be accomplished at the earliest
					 opportunity.
(b) To interpret the
					 fair hearing procedures in a manner which protects the claimant's fair hearing
					 rights and promotes the rights of claimants to dignity, privacy, and humane
					 care as established by the Lanterman Developmental Disabilities Services
					 Act.
(c) To make specific the
					 responsibilities of the claimant, service agency, and state department to
					 conduct full and impartial fair hearings to resolve differences between service
					 agencies and persons applying for or receiving services pursuant to the
					 Lanterman Developmental Disabilities Services Act.
1. New
						subchapter 9 (Articles 1-4, Sections
						50900-50964, not consecutive)
						filed 7-15-85; effective thirtieth day thereafter (Register 85, No.
						29).
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4501,
						  4502
						  and
						  4705,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 1 - General Provisions and Definitions › Section 50902 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the following terms are used in Chapter 7 of
						Division 4.5 of the Welfare and Institutions Code (commencing with Section
						4700) and in this subchapter, the
						following definition shall apply:
(a)
					 "Authorized Representative" means those persons described in Section
					 4701.6
					 of the Welfare and Institutions Code, and a representative appointed by the
					 Area Board pursuant to subsection (e) of Section
					 4705
					 of the Welfare and Institutions Code.
(b) "Business Day" or "Working Day" means any
					 day that is not a Saturday, Sunday, or holiday as specified in Sections
					 6700 and
					 6701 of
					 the Government Code.
(c) "Clients'
					 Rights Advocate" means the person assigned by a service agency to be
					 responsible for rights assurance for applicants, recipients, and persons with
					 developmental disabilities.
(d)
					 "Immediately" or "Immediate" means within two (2) business days.
(e) "Recipient" means those persons described
					 in Section
					 4703.5
					 of the Welfare and Institutions Code and persons receiving services for
					 prevention of a developmental disability.
1. Change
						without regulatory effect amending subsection (a) filed 4-21-99 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 99, No. 17).
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4701,
						  4702,
						  4702.6,
						  4703,
						  4703.5,
						  4703.7,
						  4705,
						  4710,
						  4710.5,
						  4710.6,
						  4710.7,
						  4710.9,
						  4711,
						  4712,
						  4712.2,
						  4715,
						  4726,
						  4727
						  and
						  4728,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 1 - General Provisions and Definitions › Section 50904 - Computation of Time for Performance of Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the last date of the performance of any act required
						within a specified period of time by these regulations or the provisions of
						Chapter 7 of Division 4.5 of the Welfare and Institutions Code (commencing with
						Section 4700) is not a business day, then
						such period shall be extended to the next business day.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4701,
						  4710,
						  4710.5,
						  4710.6,
						  4710.7,
						  4710.8,
						  4710.9,
						  4712,
						  4712.2,
						  4712.5,
						  4713
						  and
						  4715,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 2 - Adequate Notice › Section 50920 - Appeal to be Filed with Service Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The portion of the adequate notice describing the fair
						hearing appeal procedure shall emphasize the requirement of filing a request
						for fair hearing with the service agency, and shall explain to the applicant,
						recipient, and authorized representative, if any, that the service agency will
						forward the request to the responsible state agency. The requirement of
						subsection (e) of Section
						4701
						of the Welfare and Institutions Code to give notice of the name and address of
						the responsible state agency with whom an appeal may be filed is intended
						solely to require the provision of information to the applicant, recipient, or
						authorized representative, and does not supplant the procedure described in
						subsections (a) and (b) of Section
						4710.9
						of the Welfare and Institutions Code.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4701(e) and
						  (g) and
						  4710.9,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 2 - Adequate Notice › Section 50922 - Notice to Clients' Rights Advocate Regarding Adult Without Conservator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a client entitled to adequate notice is an adult,
						without a court-appointed conservator, the service agency shall also provide
						the adequate notice to the service agency's clients' rights
						advocate.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4710(a)
						  and
						  4710.8(b),
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 2 - Adequate Notice › Section 50924 - Notice to Regional Center Director for Conservatee of Director of Developmental Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Director of Developmental Services is the
						conservator of the person, or person and estate, of an applicant or recipient
						entitled to adequate notice, the conservator's notice shall be given to the
						director of the regional center which is delegated the responsibility and
						authority for serving as that applicant or recipient's conservator of the
						person pursuant to Section
						416.19
						of the Health and Safety Code and to the service agency's Client's Rights
						Advocate.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Section
						  4710(a),
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 3 - Procedures for Fair Hearings › Section 50930 - Notice of Right to Request Consolidation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The written decision of the service agency director
						resulting from the informal meeting shall include in its explanation of
						procedures for appeal, notice of the right to request consolidation of appeals
						involving a common question of law or fact.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4710.7(b)
						  and
						  4712.2,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 3 - Procedures for Fair Hearings › Section 50932 - Notice of and Consent to Consolidation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer shall notify a party
					 and the authorized representative, if any, in writing that a request for
					 consolidation of his or her appeal with another appeal has been received, and
					 such notification shall include an explanation that consolidation may
					 necessitate disclosure of confidential information about each claimant to other
					 claimants and their authorized representatives.
(b) Whether or not written consent or
					 objections to consolidation are received by the hearing officer at the time of
					 the fair hearing, the hearing officer in all cases shall explain the claimants'
					 rights to confidentiality pursuant to subsection (a) and obtain consent to
					 consolidation from each claimant or authorized representative on the record
					 prior to the taking of testimony. If a claimant, authorized representative, or
					 service agency objects to consolidation on the record, the hearing officer
					 shall decide whether to consolidate that case as if written objections had been
					 submitted prior to the hearing.
(c)
					 Any request for consolidation may constitute good cause for the hearing officer
					 to continue a hearing beyond 30 days but no longer than 45 days from the
					 receipt of the request for fair hearing.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4712
						  and
						  4712.2,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 3 - Procedures for Fair Hearings › Section 50934 - Claimant Objection to Authorized Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the claimant objects to a person appointed by the
						Area Board to serve as an authorized representative, that person shall not
						serve as the authorized representative. The Area Board shall consult with the
						claimant and may appoint another person to serve as authorized representative
						if the claimant consents and does not personally appoint an authorized
						representative.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4701.6
						  and
						  4710.8(b),
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 3 - Procedures for Fair Hearings › Section 50936 - Notice of Documents Provided to Hearing Officer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect repealing section filed 4-21-99 pursuant to section
						100, title 1, California Code of
						Regulations (Register 99, No. 17).
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4710.9
						  and
						  4712(d),
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 3 - Procedures for Fair Hearings › Section 50938 - Submission of Written Argument

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the hearing officer determines that
					 there are complex issues of law or fact or novel interpretations of difficult
					 questions of law, the hearing officer may cause the record of the fair hearing
					 to be held open for submission of written argument by either or both parties.
					 New or additional evidence, not already entered into evidence on the record,
					 may not be included with the written argument unless the hearing officer grants
					 permission on the record to the belated admission of the evidence.
(b) Whenever written argument or new or
					 additional evidence is submitted to the hearing officer pursuant to subsection
					 (a), the submitting party shall mail or deliver a copy to the other
					 party.
(c) Nothing herein precludes
					 the submission of written argument at the time of the hearing.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Sections
						  4710.6,
						  4712
						  and
						  4712.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 4 - Miscellaneous Provisions › Section 50960 - Internal Grievance Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The written internal grievance procedure mandated by
						subsection (a) of Section
						4705
						of the Welfare and Institutions Code shall include, but not be limited to, the
						rights specified in subsection (a) of Section
						47106
						of the Welfare and Institutions Code.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Section
						  4705(a),
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 4 - Miscellaneous Provisions › Section 50962 - Hearing Procedure in Nontechnical Language

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Service agencies shall write their fair hearing
						procedures mandated by subsection (a) of Section
						4705
						of the Welfare and Institutions Code in clear and nontechnical
						language.
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Section
						  4705(a) and
						  (c), Welfare and Institutions
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 4 - Miscellaneous Provisions › Section 50964 - Regulations to be Posted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The service agency shall prominently display a copy of
						these regulations on the premises of the service agency with the service
						agency's fair hearing procedure and the provisions of Chapter 7 of Division 4.5
						of the Welfare and Institutions Code (commencing with Section
						4700).
Note: Authority cited: Section
						  4705,
						  Welfare and Institutions Code. Reference: Section
						  4705(c),
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 4 - Miscellaneous Provisions › Section 50966 - Receipt of Fair Hearing Request by Office of Administrative Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of
					 a fair hearing request from a claimant, service agencies shall not have the
					 discretion to determine the appropriateness or timeliness of the fair hearing
					 request. All fair hearing requests received by a service agency shall be
					 immediately forwarded to the agency designated for conducting fair hearings
					 and, if applicable, the agency designated for conducting mediations.
(b) If a service agency believes that a fair
					 hearing request raises issues that are not appropriately addressed through a
					 fair hearing pursuant to Section
					 4700 et seq. of the Welfare and
					 Institutions Code, or for other reasons does not comply with statutory
					 requirements, the service agency may file a request to have the matter
					 dismissed with the agency responsible for conducting hearings. Such dismissal
					 requests shall state the reasons for the request.
1. New
						section filed 8-4-2000; operative 9-3-2000 (Register 2000, No.
						31).
Note: Authority cited: Section
						  4707,
						  Welfare and Institutions Code. Reference: Sections
						  4710.5
						  and
						  4711.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 5 - Mediation › Section 50980 - Confidentiality of Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Confidentiality of mediation shall be governed by Chapter
						2, Division 9 of the Evidence Code, commencing with §
											1115.
1. New
						article 5 (sections
						50980-50992) and section filed
						8-4-2000; operative 9-3-2000 (Register 2000, No.
						31).
Note: Authority cited: Section
						  4707,
						  Welfare and Institutions Code. Reference: Section
						  4711.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 5 - Mediation › Section 50984 - Continuances in Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The standard for granting a continuance request in mediation shall be good
					 cause, as defined in Section
					 4712,
					 Welfare and Institutions Code.
(b)
					 A continuance granted to a claimant in mediation shall extend the timeline for
					 rendering a final decision, should the matter proceed to hearing.
(c) The extension of time for the final
					 decision resulting from the continuance shall only be as long as the time
					 period of the continuance.
1. New
						section filed 8-4-2000; operative 9-3-2000 (Register 2000, No.
						31).
Note: Authority cited: Section
						  4707,
						  Welfare and Institutions Code. Reference: Sections
						  4710.6(c),
						  4711.5
						  and
						  4712,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 5 - Mediation › Section 50988 - Mediation Request Made Subsequent to Fair Hearing Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A claimant may
					 request mediation at any time prior to five days before the first day of the
					 fair hearing.
(b) A claimant
					 requesting mediation after the fair hearing request has been submitted must do
					 so in writing. Such request may be made by submitting an amended fair hearing
					 request form.
(c) The written
					 request for mediation shall be submitted to the service agency. The service
					 agency shall immediately forward a copy of the written request for mediation to
					 the agency responsible for conducting mediations, the Department, and the
					 agency responsible for conducting fair hearings. The service agency shall have
					 five days from the date of the written request for mediation to accept or
					 reject mediation. Such decision shall be communicated immediately to the
					 claimant and the agency responsible for conducting mediations.
(d) Upon receipt of the written request for
					 mediation, the agency responsible for conducting mediations shall schedule the
					 mediation to take place within 20 days of the date of the written request. The
					 agency shall provide notice to the claimant and service agency regarding the
					 time, date and location of the mediation and notice to the claimant in
					 compliance with Section
					 4711
					 of the Welfare and Institutions Code.
(e) A mediation request made subsequent to a
					 fair hearing request and agreed to by the service agency shall constitute good
					 cause for continuing the fair hearing. In such instances, the timeline for
					 scheduling the fair hearing and rendering a final decision shall be extended 20
					 days.
1. New
						section filed 8-4-2000; operative 9-3-2000 (Register 2000, No.
						31).
Note: Authority cited: Section
						  4707,
						  Welfare and Institutions Code. Reference: Sections
						  4702.6,
						  4710.5,
						  4710.6,
						  4711
						  and
						  4711.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 9 - Fair Hearings › Article 5 - Mediation › Section 50992 - Time and Place of Mediation; Nonadversarial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The mediation shall be held at a time and
					 place reasonably convenient to the claimant.
(b) Mediation shall be conducted in a
					 nonadversarial manner. Witnesses and other forms of evidence, other than to
					 explain one party's position to the other, shall not be presented in
					 mediation.
1. New
						section filed 8-4-2000; operative 9-3-2000 (Register 2000, No.
						31).
Note: Authority cited: Section
						  4707,
						  Welfare and Institutions Code. Reference: Section
						  4711.5,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 10 - End of Life Option Act › Article 1 - General › Section 51000 - End of Life Option Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All terminally ill individuals residing in a developmental center or
					 state-operated facility under the jurisdiction of the Department of
					 Developmental Services shall receive appropriate and necessary medical care for
					 their terminal condition, including counseling, hospice, and palliative care,
					 as deemed appropriate by the individual's interdisciplinary team.
(b) Except as provided in section
					 51002, the Department of
					 Developmental Services shall not provide aid-in-dying drugs under the End of
					 Life Option Act, part 1.85 (commencing with section
					 443) of division 1 of the Health
					 and Safety Code, to any terminally ill resident in a developmental center or
					 state-operated facility, and shall not permit its employees, independent
					 contractors, or other persons to provide the end-of-life option on the premises
					 of any Department facility or while acting within the course and scope of any
					 employment by, or contract with, the Department.
1. New
						subchapter 10 (article 1, sections
						51000-51002) and section filed
						7-25-2016 as an emergency; operative 7-25-2016 (Register 2016, No. 31). A
						Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency
						language will be repealed by operation of law on the following
						day.
2. New subchapter 10 (article 1, sections
						51000-51002), article 1 (sections
						51000-51002) and section refiled
						1-23-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 4). A
						Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency
						language will be repealed by operation of law on the following
						day.
3. New subchapter 10 (article 1, sections
						51000-51002), article 1 (sections
						51000-51002) and section refiled
						4-24-2017 as an emergency; operative 4-24-2017 (Register 2017, No. 17). A
						Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 4-24-2017 order transmitted
						to OAL 4-3-2017 and filed 5-10-2017 (Register 2017, No.
						19).
Note: Authority cited: Sections
						  4441
						  and
						  4449,
						  Welfare and Institutions Code. Reference: Sections
						  443.1,
						  443.2,
						  443.3,
						  443.4,
						  443.14
						  and
						  443.15,
						  Health and Safety Code; and Sections
						  4484,
						  4485
						  and
						  4486,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 10 - End of Life Option Act › Article 1 - General › Section 51002 - Appeal to the Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the regional center is not able to identify an
						appropriate community setting that will allow the individual residing at the
						Sonoma Developmental Center, the Fairview Developmental Center, the general
						treatment program of the Porterville Developmental Center, or a state-operated
						facility under the jurisdiction of the Department to exercise his or her rights
						under the End of Life Option Act, the executive director of the developmental
						center or state-operated facility shall inform the individual orally and in
						writing of the right to appeal to the Director of the Department of
						Developmental Services, or the Director's designee, to permit him or her to
						ingest aid-in-dying drugs at the developmental center or state-operated
						facility. If the individual states his or her desire to appeal, the Director,
						or the Director's designee, shall consider the totality of circumstances,
						including, but not limited to, the need to maintain the security of the
						facility, maintain the health and safety of other residents and staff, and
						respect the rights and needs of the individual, in granting or denying the
						appeal. The Director, or the Director's designee, shall issue his or her
						decision within 14 days of the appeal.
1. New
						section filed 7-25-2016 as an emergency; operative 7-25-2016 (Register 2016,
						No. 31). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 1-23-2017 as an emergency; operative
						1-23-2017 (Register 2017, No. 4). A Certificate of Compliance must be
						transmitted to OAL by 4-24-2017 or emergency language will be repealed by
						operation of law on the following day.
3. New section refiled
						4-24-2017 as an emergency; operative 4-24-2017 (Register 2017, No. 17). A
						Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 4-24-2017 order, including
						amendment of section, transmitted to OAL 4-3-2017 and filed 5-10-2017;
						amendments operative 5-10-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 19).
Note: Authority cited: Sections
						  4441
						  and
						  4449,
						  Welfare and Institutions Code. Reference: Sections
						  443.1,
						  443.2,
						  443.3,
						  443.4,
						  443.14
						  and
						  443.15,
						  Health and Safety Code; and Sections
						  4404,
						  4440,
						  4484
						  and
						  4485,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 11 - Developmental Center Safe to Serve Evaluation Process › Article 1 - General › Section 51101 - Constituting a Safe-to-Serve Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Individuals referred for admission to a
					 developmental center must be assessed for service and support needs under
					 Welfare and Institutions Code section
					 4418.7.
					 If the Welfare and Institutions Code section
					 4418.7
					 assessment process indicates that the individual's admission to a developmental
					 center would pose a threat to that person, persons already admitted to the
					 developmental center, or the center's staff that cannot be mitigated by the
					 staffing, security, or treatment available in the developmental center, and the
					 developmental center is considering exercising its right under Welfare and
					 Institutions Code section
					 6510.5
					 to deny admission to the person referred, then the director of the
					 developmental center shall form a Safe-to-Serve Committee ("Committee") to make
					 an admission determination.
(1) For
					 individuals who have been continuously receiving regional center services for
					 at least the previous 3 years from the issuance of a commitment order, the
					 Committee shall be formed within 7 days from the receipt date of a court order
					 made pursuant to Penal Code section
					 1370.1 to place
					 a person at the Porterville Developmental Center, or an order made pursuant to
					 Welfare and Institutions Code section
					 6506
					 or
					 6509
					 to place a person at a developmental center under the jurisdiction of the
					 Department, to start collecting records and proceed with the Welfare and
					 Institutions Code section
					 4418.7
					 assessment.
(2) For individuals who
					 have not been continuously receiving regional center services for the previous
					 3 years from the issuance of a commitment order, the Committee shall be formed
					 within 15 days from the receipt date of a court order made pursuant to Penal
					 Code section
					 1370.1 to place
					 a person at the Porterville Developmental Center, or an order made pursuant to
					 Welfare and Institutions Code section
					 6506
					 or
					 6509
					 to place a person at a developmental center under the jurisdiction of the
					 Department, to start collecting records and proceed with the Welfare and
					 Institutions Code section
					 4418.7
					 assessment. This deadline may be extended by the court for an additional 15
					 days for good cause shown.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 11 - Developmental Center Safe to Serve Evaluation Process › Article 1 - General › Section 51102 - Documents to be Reviewed by the Safe-to-Serve Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 days from the date of receipt
					 of the following information from the regional center, the Safe-to-Serve
					 Committee shall meet to assess a person committed to a developmental center
					 pursuant to Welfare and Institutions Code section
					 6506
					 or
					 6509
					 or Penal Code section
					 1370.1. The
					 assessment shall be based upon the admission package of information generated
					 by the regional center regarding the person. Along with the assessment of the
					 person's needs for services and supports conducted pursuant to Welfare and
					 Institutions Code section
					 4418.7,
					 the information provided by the regional center shall include the following, to
					 the extent that the regional center has it within its possession:
(1) the most recent psychological assessment
					 and functional assessment of behavior;
(2) the person's regional center file,
					 including his or her placement history and living arrangements;
(3) assessments or any other report used by
					 the court to make its findings of incompetent to stand trial, or danger to self
					 or others;
(4) police reports and
					 information regarding prior law enforcement arrests or contacts;
(5) prior convictions and prison or jail time
					 served;
(6) IQ testing;
(7) most recent individual program plans,
					 including any treatment or diagnosis for mental health issues;
(8) prior commitments and treatment at
					 psychiatric facilities, including facilities under the jurisdiction of the
					 Department of State Hospitals;
(9)
					 malingering evaluations; and
(10)
					 any additional documents requested by the developmental
					 center.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 11 - Developmental Center Safe to Serve Evaluation Process › Article 1 - General › Section 51103 - Safe-to-Serve Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Safe-to-Serve Committee shall
					 determine whether a committed individual should be admitted to the
					 developmental center or denied admission pursuant to Welfare and Institutions
					 Code section
					 6510.5.
					 The Committee's determination shall be made within 15 days of receiving all of
					 the material requested by the developmental center under section
					 51102. This time period for a
					 determination by the Committee may be extended once by 7 days at the discretion
					 of the Committee, and another 7 days by the court for good cause
					 shown.
(b) The safe-to-serve
					 determination shall be made on the particular facts of the case after examining
					 the totality of the circumstances. The Committee shall balance the need to care
					 for and treat the committed individual with the need to protect the health and
					 safety of the person, the currently admitted developmental center residents,
					 and the facility's staff.
(c) Prior
					 to denying admission, the Committee shall consider the following:
(1) whether the current assessments and
					 information are adequate to assess the individual or new or additional
					 assessments should be requested;
(2) the medical, behavioral, and physical
					 issues and the supports the individual needs;
(3) the individual's ability to have full
					 access to rights afforded other residents, or the likelihood of rights being
					 restored to the person within a reasonable amount of time;
(4) the individual's developmental disability
					 diagnosis, if any;
(5) malingering
					 evaluations, if any;
(6) prior
					 history of living in a structured group setting;
(7) history of non-compliance with treatment
					 and individual program plan services in prior settings;
(8) the individual's prior convictions, time
					 served in jail or prison, his or her propensity for violence, and history of
					 substance abuse;
(9) the
					 individual's prior history of being served in a psychiatric facility, including
					 a facility under the jurisdiction of the Department of State Hospitals;
					 and
(10) whether the individual is
					 currently being served by a regional center.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 11 - Developmental Center Safe to Serve Evaluation Process › Article 1 - General › Section 51104 - Report to the Court and Interested Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Committee's determination to deny an
					 individual's admission shall be confirmed by the developmental center's
					 executive director. If the executive director agrees that the individual cannot
					 be safely served, then the executive director or designee shall prepare a
					 detailed report that explains the basis for making the not-safe-to-serve
					 determination, identifies the additional services or supports the person
					 requires that are unavailable in the developmental center, explains why these
					 services or supports cannot be provided within the developmental center, and
					 includes recommended placement alternatives from the regional center, if known.
					 The executive director or designee shall file its report with the court in
					 which the Penal Code section
					 1370.1 or
					 Welfare and Institutions Code section
					 6500
					 et seq. proceeding is pending, and shall simultaneously serve the report on the
					 district attorney, the individual's defense attorney, regional center clients'
					 rights advocate, and applicable regional center. The executive director or
					 designee shall file and serve the report with the court within 15 days of the
					 Committee's determination to deny the person's admission.
(b) If the developmental center's executive
					 director disagrees with the Committee's determination that the individual
					 cannot be safely served, then the executive director shall authorize the
					 admission of the person. The executive director or designee shall notify the
					 court, district attorney, defense attorney, regional center clients' rights
					 advocate, and regional center within 7 days of the executive director's
					 decision to admit the person. The developmental center shall admit the person
					 in accordance with its existing policies and procedures relating to
					 admissions.
1. New
						section filed 5-23-2018; operative 7-1-2018 (Register 2018, No.
						21).
Note: Authority cited: Sections
						  4441
						  and
						  4449,
						  Welfare and Institutions Code. Reference: Section
						  1370.1, Penal
						  Code; and Sections
						  4418.7,
						  6500,
						  6506,
						  6509,
						  6510.5
						  and
						  7505,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 11 - Developmental Center Safe to Serve Evaluation Process › Article 1 - General › Section 51105 - Opportunity for Response by Interested Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, within 10 days of the filing and service of the
						developmental center's report denying admission, the district attorney, defense
						attorney, or regional center files with the court and serves a response to the
						report, including a request that the developmental center reconsider its
						not-safe-to-serve determination based upon the information and evidence
						submitted in the response, then the developmental center shall consider the
						arguments and evidence submitted in the response. Within 15 days of the last
						served response, the executive director or designee shall file with the court
						and serve a supplemental report responding to any comments, arguments or
						evidence from the interested parties' responses. The supplemental report shall
						expressly state whether the developmental center affirms or reverses its
						not-safe-to-serve determination. If the developmental center reverses its
						not-safe-to-serve determination, then the individual's review by the
						Safe-to-Serve Committee shall not change his or her order of admission to the
						developmental center if admission had been granted without convening the
						Committee.
1. New
						section filed 5-23-2018; operative 7-1-2018 (Register 2018, No.
						21).
Note: Authority cited: Sections
						  4441
						  and
						  4449,
						  Welfare and Institutions Code. Reference: Section
						  1370.1, Penal
						  Code; and Sections
						  4418.7,
						  6500,
						  6506,
						  6509,
						  6510.5
						  and
						  7505,
						  Welfare and Institutions Code.