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 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56724 - Personnel Functions and Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each vendor shall assign staff to carry
					 out the duties described herein. The vendor is authorized to designate
					 positions by different titles than those listed, but is responsible for
					 assuring the functions described are carried out. Staff who are hired by the
					 vendor to carry out the functions listed shall meet the minimum qualifications
					 listed in this section.
(b) The
					 vendor shall assign a director to carry out the administrative responsibilities
					 for the program.
(1) The director shall have
					 primary responsibility for the following functions:
(A) Organizing and supervising the program in
					 accordance with the program's established policies;
(B) Overseeing the areas of budgeting,
					 program design and implementation, project planning, staff development and
					 training, evaluation and the direction of program services; and
(C) Organizing and monitoring the intake and
					 continuing assessment process.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56726 - Staff Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 vendor may develop and implement a written staff training plan for new employee
					 orientation and ongoing employee staff training.
(b) If a training plan is developed pursuant
					 to (a) above, it shall at a minimum:
(1)
					 Describe the amount, type, subject, and frequency of training for different
					 categories of staff, including staff who are not paid by regional center
					 purchase of service funds or who are volunteers;
(2) Describe training curricula and
					 techniques, including training in consumer safety procedures to be used in the
					 event of an emergency; and
(3)
					 Indicate time frames for accomplishing the training.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56728 - Program Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 vendor shall develop the following records and maintain them at its business
					 office:
(1) The program design as required in
					 Section 56712(a) of these
					 regulations and changes made to the program design;
(2) Employee time sheets specifying each
					 employee's shift hours;
(3)
					 Employee payroll records;
(4)
					 Consumer attendance, maintained daily, indicating the date of
					 service;
(5) Documentation of all
					 training attended by each employee;
(6) All records used by the vendor in
					 completing the DS 1897 (12/92) submitted to the Department for a rate
					 determination pursuant to Sections
					 57430 through
					 57534 of these
					 regulations;
(7) All written
					 approvals from regional centers or the Department required by these
					 regulations;
(8) The program
					 evaluation required by Section
					 56732 of these regulations;
					 and
(9) The written description of
					 the vendor's organizational structure as specified in Section
					 54326(b) of these
					 regulations.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56730 - Consumer Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Vendors shall maintain consumer information and records as confidential
					 documents pursuant to Welfare and Institutions Code, sections
					 4514
					 through
					 4518,
					 and shall also maintain consumer confidentiality as required in Health and
					 Safety Code, sections
					 199.20
					 through
					 199.27.
(b) Vendors shall maintain an individual
					 consumer case file for each consumer admitted to the program.
(c) The consumer case file shall include:
(1) The most current copies of:
(A) Emergency and personal identification
					 information, including the consumer's address, telephone number, names and
					 telephone numbers of residential care provider, relatives, and/or guardian or
					 conservator, physician's name(s) and telephone number(s), pharmacy name,
					 address and telephone number, and health plan if appropriate;
(B) A medical history which includes:
1. Current medications;
2. Known allergies;
3. Medical disabilities;
4. Infectious, contagious or communicable
					 conditions;
5. Special nutritional
					 needs; and
6. Immunization
					 records.
(C) Any consumer
					 medical, psychological, and social evaluations identifying the consumer's
					 ability and functioning level, which shall be supplied by the regional
					 center;
(D) Authorization for
					 emergency medical treatment;
(E)
					 Documentation that the consumer and/or the authorized consumer representative
					 has been informed of his/her personal rights;
(F) The IPP as prepared and forwarded by the
					 regional center; and
(G) Consumer
					 IPP documentation as required by section
					 56720 of these
					 regulations.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56732 - Program Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each fiscal year the vendor shall conduct an annual review of its program's
					 effectiveness in relation to the program design. This shall include a
					 documented review of:
(1) The program's
					 objectives as required in Section
					 56712(a)(1)(B) of
					 these regulations; and
(2)
					 Aggregate data on progress in relation to the IPP objectives for which the
					 vendor is responsible.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56734 - Effective Date of Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The effective date of compliance of
					 community-based day programs with the provisions of sections
					 56710 through
					 56734,
					 56740 through
					 56756, and
					 56760 through
					 56774 of these regulations shall
					 be as follows:
(1) Programs vendored after
					 the effective date of these regulations shall be in compliance with these
					 provisions upon the date of vendorization.
(2) Programs vendored prior to the effective
					 date of these regulations which:
(A) Do not
					 meet one or more provision(s) specified in sections
					 56710 through
					 56734,
					 56740 through
					 56756, and
					 56760 through
					 56774 of these regulations, except
					 for the licensing provisions in sections
					 56740 and
					 56760 of these regulations, shall
					 have a maximum of one year from the effective date of these regulations to come
					 into compliance with the applicable provision(s).
(B) Equal or exceed any provision(s)
					 specified in sections
					 56710 through
					 56734,
					 56740 through
					 56756, and
					 56760 through
					 56774 of these regulations, shall
					 be deemed in compliance with the applicable provision(s) upon the effective
					 date.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 3 - Additional Standards for Adult Day Programs › Section 56740 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the general requirements specified in
						section 56710 of these regulations, adult
						day program vendors shall comply with applicable licensing requirements
						pursuant to the Health and Safety Code, sections
						1500
						through
						1569.87.
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No.
						46).
Note: Authority cited: Sections
						  4648
						  and
						  4691,
						  Welfare and Institutions Code. Reference: Sections
						  4648
						  and
						  4691,
						  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 5 - Standards for Nonresidential Services › Article 3 - Additional Standards for Adult Day Programs › Section 56742 - Program Curriculum and Components

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The program curriculum shall:
(1) Be developed by the vendor based upon:
(A) The program's philosophy and goals as
					 stated in the program design; and
(B) The needs of the consumer population to
					 be served.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 3 - Additional Standards for Adult Day Programs › Section 56744 - Consumer Eligibility for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A consumer shall be eligible for an Adult
					 Day Program pursuant to a determination of the ID Team that the consumer meets
					 all of the following criteria:
(1) The
					 consumer is at least 18 years of age;
(2) The consumer is not eligible for the same
					 or similar services from a generic agency that is funded to provide the service
					 to the general public with the exception of programs jointly funded by generic
					 agencies and the regional center; and
(3) The consumer's IPP includes an
					 objective(s) which can be met by an adult day program.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 3 - Additional Standards for Adult Day Programs › Section 56746 - Vendor Entrance and Exit Criteria for Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the criteria specified in
					 section 56714 of these regulations, adult
					 day program vendor entrance and exit criteria shall also include a description
					 of the level of all of the following attributes required for participation in
					 the vendor's program:
(1) Self-care
					 skills;
(2) Physical and medical
					 conditions; and
(3) Behavioral
					 characteristics.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 3 - Additional Standards for Adult Day Programs › Section 56748 - Consumer Placement Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding sections
					 56716(b)(3)
					 and/or (4) of these regulations, a consumer shall be eligible for placement in
					 an adult day program pursuant to a determination of the ID Team that, while the
					 consumer's needs exceed the level of service provided by the program, the IPP
					 objective(s) can be addressed in such program. The ID Team shall include all of
					 the following as documentation for the determination:
(1) The factual basis and rationale leading
					 to the decision for the alternate placement including a statement that a more
					 appropriate program is not available;
(2) The duration of the alternate placement;
					 and
(3) A statement that:
(A) The program provides the least
					 restrictive environment;
(B) The
					 health and safety of the consumer and others will not be jeopardized by the
					 alternate placement;
(C) The
					 consumer and/or authorized consumer representative agree to the alternate
					 placement; and
(D) The conditions
					 specified in (b) below are met.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 3 - Additional Standards for Adult Day Programs › Section 56750 - Consumer Placement and Funding Termination Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the reasons specified in section
						56718(a), of
						these regulations, funding of a consumer's placement in a vendor's program
						shall also be terminated when a more appropriate program becomes available for
						consumers placed pursuant to section
						56748 of these regulations. When
						such a termination occurs, the procedures specified in section
						56718(c) of these
						regulations shall apply.
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment
						of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL
						for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section
						147(a) (Register
						93, No. 26).
4. Certificate of Compliance as to 6-17-93 order
						transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No.
						31).
5. Change without regulatory effect amending section heading
						and section filed 1-17-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Section
						  4691,
						  Welfare and Institutions Code. Reference: Sections
						  4646,
						  4646.5,
						  4648
						  and
						  4691,
						  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 5 - Standards for Nonresidential Services › Article 3 - Additional Standards for Adult Day Programs › Section 56752 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In addition to the requirements specified in section
					 56722 of these regulations, if
					 consumers perform chores or work for the vendor beyond the secondary tasks
					 resulting from a planned activity during the vendor's direct service hours,
					 both of the following conditions shall be met:
(1) Such chores or work are identified in the
					 consumer's IPP documentation as activities relevant to his/her achievement of
					 specific IPP objectives; and
(2)
					 The consumer is compensated pursuant to the requirements of the California
					 Labor Code, sections
					 1191 through
					 1193 and
					 29 United States Code,
					 sections 211 and
					 214.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 3 - Additional Standards for Adult Day Programs › Section 56754 - Personnel Functions and Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director of an adult day program
					 shall possess the following minimum qualifications:
(1) A bachelor's degree and a minimum of 18
					 months of experience in the management of a human services delivery system;
					 or
(2) Five years of experience in
					 a human services delivery system, including at least two years in a management
					 or supervisory system.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 3 - Additional Standards for Adult Day Programs › Section 56756 - Staffing Ratio

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 staffing ratio shall be approved for each adult day program by the Department
					 pursuant to this section. This ratio shall be based on the program design, the
					 curriculum as vendored, the characteristics and needs of the consumers to be
					 served, and the number of consumers enrolled.
(b) For activity centers, adult development
					 centers, behavior management programs, and social recreation programs, the
					 vendor may supplement direct care staff by one staff person, six hours per day,
					 for every ten non-mobile consumers attending. Programs serving more or less
					 than ten non-mobile consumers shall have their supplemental staff calculated on
					 a proportionate basis. For the purpose of this section, non-mobile means
					 persons who are confined to wheelchairs or gurneys and who are unable to
					 independently move from one place to another place.
(1) Vendors shall submit requests for
					 supplemental staff in writing to the regional center.
(2) Regional centers shall notify vendors in
					 writing that they are authorized to receive payment to maintain the staffing
					 ratio specified in (b) above for non-mobile 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 5 - Standards for Nonresidential Services › Article 4 - Additional Standards for Infant Development Programs › Section 56760 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In addition to the general requirements specified in section
					 56710 of these regulations, infant
					 development program vendors shall:
(1) Comply
					 with applicable licensing requirements pursuant to Health and Safety Code,
					 sections
					 1596.70
					 through
					 1596.894;
					 and
(2) Make the grievance
					 procedure specified in section
					 56710(a) of these
					 regulations available to the consumer's parent, care giver or authorized
					 consumer representative.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 4 - Additional Standards for Infant Development Programs › Section 56762 - Program Design

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 addition to the items specified in section
					 56712(a) of these
					 regulations, the program design for infant development programs shall also
					 include the written procedures used by the vendor for review of consumer
					 assessment information. Such information shall include the following areas if
					 applicable to the consumer's IPP:
(1)
					 Audiology services;
(2) Medical
					 services;
(3) Nursing
					 services;
(4) Nutritional
					 evaluation;
(5) Occupational and/or
					 physical therapy;
(6) Psychological
					 services;
(7) Social work
					 services;
(8) Speech pathology;
					 and
(9) Visual
					 screening.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 4 - Additional Standards for Infant Development Programs › Section 56764 - Program Curriculum and Components

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The program curriculum for infant
					 development programs shall be developed by the vendor based upon the program's
					 philosophy and goals and the needs of the population to be served.
(b) The program curriculum for infant
					 development programs shall include the following items:
(1) Intervention activities which promote
					 development in all of the following areas according to basic principles of
					 child growth and development:
(A) Physical
					 development;
(B) Cognitive
					 development;
(C) Language and
					 speech development;
(D)
					 Psychosocial development; and
(E)
					 Self-help and feeding.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 4 - Additional Standards for Infant Development Programs › Section 56766 - Consumer Eligibility for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A consumer shall be eligible for an
					 infant development program pursuant to a determination of the ID Team that the
					 consumer meets all of the following criteria:
(1) The consumer is under age five;
(2) The consumer either does not qualify for
					 services from a publicly supported local school program or, if qualified, is
					 awaiting service because the local school program is inactive or there are no
					 current vacancies. Services jointly funded by Special Education and the
					 regional center are exempted from this provision; and
(3) The consumer's IPP includes an
					 objective(s) which can be met by an infant development
					 program.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 4 - Additional Standards for Infant Development Programs › Section 56768 - Consumer Placement Termination Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a vendor makes a determination to
					 exclude a consumer from participation in the infant development program
					 pursuant to section
					 56718(g) of these
					 regulations, a meeting need not be scheduled if the exclusion is for routine
					 health problems associated with infancy and early childhood.
(b) A meeting or consultation shall be held
					 between the vendor, parent, care giver, or authorized consumer representative
					 and the consumer program coordinator when a consumer is between the ages of two
					 years and six months and two years and nine months and prior to discharge of
					 the consumer from the infant development program. The purpose of the meeting or
					 consultation shall be to discuss the consumer's entrance into local public
					 special education programs in order to provide for continuity of services. The
					 consumer program coordinator shall initiate the meeting or
					 consultation.
1. New
						section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36).
						A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency
						language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 6-26-90 order transmitted to
						OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change
						without regulatory effect amending section heading and section filed 1-17-97
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 3).
Note: Authority cited: Section
						  4691,
						  Welfare and Institutions Code. Reference: Sections
						  4648
						  and
						  4691,
						  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 5 - Standards for Nonresidential Services › Article 4 - Additional Standards for Infant Development Programs › Section 56770 - Personnel Functions and Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director of an infant development
					 program shall possess the following minimum qualifications:
(1) A bachelor's degree and a minimum of 18
					 months of experience in the management of a human services delivery system;
					 or
(2) Five years of experience in
					 a human services delivery system, including at least two years in a management
					 or supervisory position.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 4 - Additional Standards for Infant Development Programs › Section 56772 - Staffing Ratio

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 staffing ratio shall be approved for each infant development program by the
					 Department pursuant to this section. This ratio shall be based on the program's
					 design, the curriculum as vendored, the characteristics and needs of the
					 consumers to be served and the number of consumers enrolled.
(b) Infant development programs shall provide
					 a direct care staff-to-consumer ratio of:
(1)
					 1:1 when the service is conducted on an individual basis;
(2) 1:2 when the service is conducted on both
					 an individual and group basis and the proportion of consumers receiving direct
					 services on an individual basis when averaged with the consumers receiving
					 direct services on a group basis yields a staffing ratio of 1:2; or
(3) 1:3 when the service is conducted on a
					 group basis.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 4 - Additional Standards for Infant Development Programs › Section 56774 - Staff Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 addition to the requirements of section
					 56726 of these regulations:
(1) Training plans shall also describe child
					 development intervention curricula and techniques; and
(2) The curriculum for new employee
					 orientation shall include:
(A) The early
					 intervention service system for at-risk and/or handicapped children;
					 and
(B) Philosophy and models of
					 early intervention.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56776 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
					 article, the following words and phrases have the meanings specified in section
					 54302 of these regulations:
(1) Authorized Consumer
					 Representative
(2)
					 Consumer
(3) Days
(4) Department
(5) Family Member
(6) Generic Agency
(7) Individual Program Plan (IPP)
(8) In-home Respite Services
(9) Interdisciplinary Team (ID
					 Team)
(10) Regional
					 Center
(11) Self-Care
(12) Service Contract
(13) Special Incident Report
(14) Vendor
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56778 - Waiver of Service Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Regional centers, in negotiating service
					 contracts pursuant to Section
					 57540 or a lower level of payment
					 pursuant to Section
					 57300(d), may
					 waive or modify any of the following program standards for the duration of the
					 service contract or lower level of payment:
(1) Personnel requirements specified in
					 Section 56790;
(2) Personnel functions and qualifications
					 specified in Section
					 56792(a), (b), (c), (d) and
					 (f);
(3) Staff training requirements specified in
					 Section 56794;
(4) In-home respite service evaluation
					 requirements specified in Section
					 56800;
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56780 - Service Design

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 service design of an in-home respite services agency shall include the
					 following items in the order listed below:
(1)
					 An in-home respite service description which includes:
(A) The purpose and goals of the
					 service;
(B) Anticipated consumer
					 outcomes from participation in the service stated in measurable
					 terms;
(C) A statement of the
					 geographic area served by the agency;
(D) Schedule of the vendor's service
					 operating hours including days and times when the service is
					 available;
(E) A staff training
					 plan, if developed, pursuant to Section
					 56794 of these
					 regulations;
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56782 - Consumer Eligibility for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A consumer shall be eligible for services
					 from an in-home respite services agency pursuant to a determination by the ID
					 Team that:
(1) The consumer resides with a
					 family member(s) as described in 54302(a)(22) and the need for the service is
					 agreed by the family member(s) and the ID Team.
(2) The consumer's IPP includes an objective
					 which can be met by an in-home respite services agency.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56784 - Identification of Consumers Served

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendor shall have a written
					 description of the population served that shall be used by a consumer's ID Team
					 to determine the appropriateness of the vendor's agency for meeting the
					 consumer's need for in-home respite services and shall include all of the
					 following:
(1) Ages of consumers to be
					 served;
(2) A description of the
					 range of consumer needs in the following areas that the vendor is able to meet:
(A) Self-care skills;
(B) Physical and medical condition;
(C) Behavioral characteristics; and
(D) Any other
					 prerequisites.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56786 - Procedures for Service Authorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Interdisciplinary Teams shall identify
					 in-home respite, services agencies which can meet the objectives of the
					 consumer's IPP developed pursuant to Welfare and Institutions Code, section
					 4646
					 and
					 4646.5.
(b) Authorization for services from an
					 in-home respite services agency shall occur providing all of the following
					 conditions exist:
(1) The consumer or
					 authorized consumer representative consents to receive the service from the
					 agency;
(2) The regional center
					 concurs that the agency's services are appropriate;
(3) The consumer meets the vendor's service
					 criteria pursuant to section
					 56784 of these regulations;
					 and
(4) The vendor agrees to
					 provide the service.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56788 - Service Termination Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Funding for a consumer's services from an
					 in-home respite services agency shall be terminated when one or more of the
					 following occur:
(1) The regional center
					 issues a determination that continued receipt of services from the agency
					 jeopardizes the consumer's health or safety;
(2) The consumer or authorized consumer
					 representative makes a written or oral request to the regional center to
					 discontinue receipt of the agency's service;
(3) The consumer moves to an area outside the
					 vendor's service area;
(4) The ID
					 Team determines that in-home respite services are no longer required to meet
					 consumer needs;
(5) The vendor,
					 determines that its agency no longer meets the consumer's
					 need.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56790 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each vendor shall maintain current written job descriptions for all personnel,
					 including staff whose wages are not paid by the regional center purchase of
					 service funds.
(b) Each job
					 description shall include:
(1) Position
					 title;
(2) Role and responsibility
					 of the position;
(3) Duty
					 statement;
(4) Work
					 hours;
(5) Minimum
					 qualifications;
(6) Positions
					 supervised; and
(7) Reporting
					 supervisor.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56792 - Personnel Functions and Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each vendor shall assign staff to carry
					 out the duties described. The vendor is authorized to designate positions be
					 different titles than those listed but is responsible for assuring the
					 functions described are carried out. Staff who are hired by the vendor to carry
					 out the functions listed shall meet the minimum qualifications listed in this
					 section.
(b) The vendor shall
					 assign a director to carry out the administrative responsibilities for the
					 in-home respite services agency.
(1) The
					 director shall have primary responsibility for the following functions:
(A) Organizing and supervising the agency in
					 accordance with the agency's established policies;
(B) Overseeing the areas of budgeting,
					 service design and implementation, project planning, staff development and
					 training, evaluation and the direction of the in-home respite
					 services;
(C) Selection and
					 supervision of assigned staff; and
(D) Assuring that individual respite service
					 workers are matched with consumers based on respite worker skill and experience
					 and consumer supervision needs.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56793 - Staffing Ratio

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 vendor shall maintain a staff-to-consumer ratio of 1:1 during its direct
					 service hours.
(b) When a respite
					 service is provided to more than one consumer at the same time and location,
					 regional centers may allow a staff-to-consumer ratio other than 1:1 only if the
					 modification of the staffing ratio is agreed to by each consumer and, where
					 appropriate, each consumer's family and if the modification will not adversely
					 affect the health and safety of the consumers or result in placing the
					 consumers in a more restrictive environment.
1. New
						section filed 4-25-2000; operative 5-25-2000 (Register 2000, No.
						17).
Note: Authority cited: Section
						  4690.2,
						  Welfare and Institutions Code. Reference: Sections
						  4690.2
						  and
						  4691,
						  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 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56794 - Staff Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 vendor may develop and implement a written staff training plan for new employee
					 orientation and ongoing employee staff training.
(b) If a training plan is developed pursuant
					 to (a) above, it shall at a minimum:
(1)
					 Describe the amount, type, subject, and frequency of training for different
					 categories of staff, including staff who are not paid by regional center
					 purchase of service funds or who are volunteers; and
(2) Describe contents of training, including
					 training in consumer safety procedures to be used in event of an
					 emergency.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56796 - Required Agency Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 vendor shall develop the following records and maintain them at its business
					 office:
(1) Service design as required in
					 Section 56780(a) of these
					 regulations and changes made to the service design;
(2) Employee time sheets specifying each
					 employee's work hours;
(3) Employee
					 payroll records;
(4) Consumer(s)
					 served, indicating the dates and hours of service;
(5) Documentation of all training attended by
					 each employee;
(6) All records used
					 by the vendor in developing the DS 1897B (12/92) submitted to the Department
					 for a rate determination;
(7) All
					 written approvals from regional centers or the Department required by these
					 regulations; and
(8) The In-home
					 Respite Service evaluation required by Section
					 56800 of these regulations;
					 and
(9) The written descriptions of
					 the vendor's organizational structure as specified in Section
					 54326(b) of these
					 regulations.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56798 - Consumer Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Vendors shall maintain consumer information and records as confidential
					 documents pursuant to Welfare and Institutions Code, sections
					 4514
					 through
					 4518,
					 and shall also maintain consumer confidentiality as required in Health and
					 Safety Code, sections
					 199.20
					 through
					 199.27.
(b) Vendors shall maintain an individual
					 consumer case file for each consumer served by the in-home respite services
					 agency.
(c) The consumer case file
					 shall include:
(1) The most current copies of:
(A) Any emergency and personal identification
					 information, which may effect the delivery of services, including the
					 consumer's address, telephone number, names and telephone numbers of
					 relative's, and/or guardian or conservator, physician's name(s) and telephone
					 number, and health plan, if appropriate;
(B) Pertinent information related to consumer
					 respite needs including:
1. Known
					 medications;
2. Known
					 allergies;
3. Medical
					 disabilities;
4. Infectious,
					 contagious or communicable conditions;
5. Special nutritional needs; and
6. Specific care needs unique to the
					 individual consumer.
(C)
					 Any other available medical, psychological, and social information which may
					 effect the delivery of In-home Respite Services, including the consumer's
					 ability and functioning level; and
(D) Authorization for emergency medical
					 treatment.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56800 - In-Home Respite Services Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendor shall conduct an annual review
					 of its effectiveness in relation to the service design. This shall include a
					 review of:
(1) The ability of the vendor to
					 meet the in-home respite needs of consumers served;
(2) The aggregate data on:
(A) The number of consumers served;
(B) The different type of consumer needs
					 encountered during service delivery; and
(C) Outcomes in relation to the expectations
					 identified in the service design as required in Section
					 56780(a)(1)(B) of
					 these regulations; and
(3) The degree to which family members were
					 satisfied with the service as provided by the in-home respite services
					 agency.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 5 - Standards for in-Home Respite Services Agencies › Section 56802 - Effective Date of Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The effective date of compliance by
					 in-home respite services agencies with the provisions of this article shall be
					 as follows:
(1) Agencies vendored after the
					 effective date of these regulations shall be in compliance with these
					 provisions upon the date of vendorization.
(2) Agencies vendored prior to the effective
					 date of these regulations which:
(A) Do not
					 meet one or more provision(s) specified in sections
					 56780 through
					 56802 shall have a maximum of one
					 year from the effective date of these regulations to come into compliance with
					 the applicable provision(s).
(B)
					 Equal or exceed any provision(s) specified in sections
					 56780 through
					 56802 shall be deemed in
					 compliance with the applicable provision(s) upon the effective date of these
					 regulations.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 6 - Ratesetting Procedures for Residential Services › Article 1 - Definitions › Section 56900 - Meaning of Words

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Words shall have their usual meaning unless the context
						or a definition clearly indicates a different meaning. Words used in their
						present tense include the future tense; words in the singular form include the
						plural form. Use of the word "shall" denotes mandatory conduct; "may" denotes
						permissive conduct.
1. New
						section filed 1-14-91; operative 2-13-91 (Register 91, No.
						14).
Note: Authority cited: Section
						  4681.1,
						  Welfare and Institutions Code. Reference: Section
						  4681.1,
						  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 6 - Ratesetting Procedures for Residential Services › Article 1 - Definitions › Section 56901 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
					 Subchapter, the following words and phrases have the meanings specified in
					 Section 56002.
(1) Administrator;
(2) Consumer;
(3) Days;
(4) Department;
(5) Direct Care (DC) Staff;
(6) Facility;
(7) Individual Program Plan (IPP);
(8) Personal and Incidental
					 Allowance;
(9) Residential Service
					 Provider; and
(10) Regional
					 Center.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 6 - Ratesetting Procedures for Residential Services › Article 2 - General Provisions › Section 56902 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Proposed residential rates shall be determined for a specific target fiscal
					 year in accordance with generally accepted accounting principles pursuant to
					 Article 5.
(b) Payment of proposed
					 rates is subject to appropriation of sufficient funds for that purpose in the
					 Budget Act.
(c) Absent specific
					 direction from the Legislature, when sufficient funds are not appropriated in
					 the Budget Act to fully provide for payment of the proposed rates, in lieu of
					 the proposed rates, the Department shall increase operative rates on a pro rata
					 basis if the amount appropriated is sufficient for an increase.
(d) Once the vendor has received notice of
					 the maximum rate established by the Department for the facility's approved
					 service level, each regional center, or its designee, which has placed
					 consumers in the facility may negotiate with the vendor a level of payment for
					 its consumer(s) that is lower than the rate established by the Department.
(1) A payment at the lower level may only
					 occur after both the regional center and the vendor mutually agree in writing:
(A) To the negotiated level of payment;
					 and
(B) To the effective date and
					 termination date for the regional center to reimburse the vendor at the
					 negotiated level of payment.