California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4 - Residential Services and Quality Assurance Regulations › Article 1 - Definitions › Section 56002 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
					 definitions shall apply to the regulations used in this subchapter:
(1) "Administrator" means the licensee, or
					 the adult designated by the licensee to act in his/her behalf who assumes
					 responsibility for facility operations.
(2) "Admission Agreement" means the agreement
					 required pursuant to Title 22, California Code of Regulations, Sections
					 80068,
					 85068 and
					 87568.
(3) "Authorized Consumer Representative"
					 means the parent, or guardian of a minor, conservator of an adult, or person
					 who is legally entitled to act on behalf of the consumer.
(4) "Child With Special Health Care Needs"
					 means a child with a developmental disability who:
1) is receiving services and service
					 coordination from a regional center;
2) is placed in a foster family home, small
					 family home or group home; and
3)
					 has a medical condition that can rapidly deteriorate, resulting in permanent
					 injury or death; or who has a medical condition that requires specialized in
					 home health care, including an internal feeding tube, total parenteral feeding,
					 a cardiorespiratory monitor, intervenous therapy, a ventilator, urinary
					 catheterization, ministrations imposed by tracheostomy, colostomy, ileostomy,
					 or other medical or surgical procedures; or special medication regimens,
					 including injection, areosol treatment, and intravenous or oral medication
					 which requires specialized in-home health care.
(5) "Consumer" means an individual who has
					 been determined by a regional center to meet the eligibility criteria of the
					 Welfare and Institutions Code Section
					 4512,
					 and of Title 17, California Code of Regulations, Sections
					 54000,
					 54001 and
					 54010, and for whom the regional
					 center has accepted responsibility.
(6) "Consumer Notes" means those ongoing
					 notations made in the individual consumer file at the facility which are
					 incidental to specific events in the consumer's life, and which are made at the
					 time of occurrence and are not a part of the quarterly or semi-annual
					 report.
(7) "Consumer Services"
					 means those services which the residential service provider is responsible for
					 implementing as a part of the program design and the consumer's IPP.
(8) "Consumers' Rights" means the rights of
					 regional center consumers residing in facilities, as specified in Welfare and
					 Institutions Code Sections
					 4502,
					 4502.1,
					 4503,
					 4504,
					 4705
					 and
					 4710.6;
					 and Title 17, California Code of Regulations, Division 2, Chapter 1, Subchapter
					 5, Sections
					 50510,
					 50515(a)(2), (b)(2) and
					 (c),
					 50520(b),
					 50530,
					 50532,
					 50534,
					 50536,
					 50540 and
					 50960.
(9) "Contact" means any communication between
					 two or more persons or entities by means of face-to-face meetings, phone
					 conversations, or letters.
(10)
					 "Days" means calendar days unless otherwise stated.
(11) "Department" means the State Department
					 of Developmental Services.
(12)
					 "Direct Care Staff" means facility staff, in Service Level 2, 3 and 4
					 facilities, who personally provide direct supervision and special services to
					 consumers and is synonymous with "Direct Support Professionals". The term
					 includes the licensee, the administrator, management and supervisory staff
					 during that time when they are providing direct supervision and special
					 services to consumers or are involved in performing program preparation
					 functions.
(13) "Director" means
					 the Director of the Department of Developmental Services or his/her
					 designee.
(14) "Direct Supervision"
					 means those activities in which direct care staff provide care, supervision,
					 training and support to promote the consumer's functioning in the areas of
					 self-care, daily living skills, physical coordination, mobility, behavioral
					 self-control, choice-making, community integration, accessing community
					 resources and participating in leisure time activities.
(15) "Facility" means a licensed community
					 care facility as defined in Health and Safety Code Section
					 1502(a)(1), (4), (5)
					 or (6); or a licensed residential care
					 facility for the elderly as defined in Health and Safety Code Section
					 1569.2(k),
					 which has been vendorized as a residential facility by a regional center
					 pursuant to the requirements of Title 17, California Code of Regulations,
					 Division 2, Chapter 3, Subchapter 2.
(16) "Facility Liaison" means the person, or
					 his or her designee, assigned by the regional center as the principal
					 coordinator between the regional center and the facility.
(17) "Facility Staff" means the administrator
					 and direct care staff employed by the facility who provide direct supervision
					 and special services to consumers residing in the facility, and consultants
					 employed by the facility who provide support to direct care staff.
(18) "Immediate Danger" means conditions
					 which constitute an impending threat to the health and safety of a consumer(s)
					 and which require immediate action by the regional center to safeguard the
					 health and safety of the consumers in the facility.
(19) "Individual Life Quality Outcomes" means
					 desired outcomes for individual life quality and represent life conditions that
					 people have identified as being important in their everyday lives.
(20) "Individual Program Plan (IPP)" means a
					 written plan that is developed by a regional center Interdisciplinary Team, in
					 accordance with the provisions of Welfare and Institutions Code Sections
					 4646
					 and
					 4646.5.
(21) "Interdisciplinary Team (ID Team)" means
					 the group of persons convened, in accordance with Welfare and Institutions Code
					 Sections
					 4646
					 and
					 4645.5,
					 for the purpose of preparing a consumer's IPP.
(22) "Licensee" means the person who is
					 identified as the licensee on the license to operate as a community care
					 facility which is issued to the facility by the Department of Social Services'
					 Community Care Licensing Division.
(23) "Looking at Service Quality Provider's
					 Handbook" means the publication so entitled and developed by the Department to
					 help administrators and direct care staff increase the quality of their
					 services through a self-assessment of their direct supervision and special
					 services to consumers. The self-assessment is based upon twenty-five individual
					 life quality outcomes. The publication entitled "Looking at Service Quality
					 Provider's Handbook," original edition which bears no revision or publication
					 date, is hereby incorporated by this reference as though fully set forth
					 herein.
(24) "Medication" means any
					 drug or other agent ordered by a physician, and over-the-counter medications
					 used to treat symptoms of illness or injury.
(25) "Natural Environment" means places and
					 social contexts commonly used by individuals without developmental
					 disabilities.
(26) "Noncompliance"
					 means failure to comply with any of the requirements of Title 17, California
					 Code of Regulations, Division 2, Chapter 3, Subchapter 4 or 6.
(27) "Normalization" means life conditions
					 which enable consumers to lead more independent, productive and normal lives
					 which approximate the pattern of daily living of non-disabled persons of the
					 same age and reflect personal choice.
(28) "Personal and Incidental Allowance"
					 means that portion of the Supplemental Security Income/State Supplemental
					 Program (SSI/SSP) payment designated for the personal expenses of the
					 consumer.
(29) "Placement" means
					 the process the regional center and the consumer complete to assist the
					 consumer to locate and make an initial move to a facility.
(30) "Program Design" means the description
					 of consumer services offered by a facility, the functional characteristics of
					 the consumers the facility will serve, and the resources available to meet
					 individual service needs consistent with the facility's service
					 level.
(31) "Program Preparation
					 Functions" means ancillary activities performed by direct care staff or
					 administrators, including, but not limited to, data collection and analysis,
					 development of training plans, staff meetings, consumer meetings and parent
					 conferences.
(32) "Quality
					 Assurance (QA) Coordinator" means that person who is knowledgeable in, and
					 designated by the regional center to be responsible for, managing all elements
					 of the Quality Assurance Plan.
(33)
					 "Quality Assurance (QA) Evaluation" means the process of assessing a specific
					 facility's ability to provide the minimum acceptable level of service required
					 by these regulations and the effects of those services upon the consumers
					 served.
(34) "Quality Assurance
					 Evaluation Team" means a group of two or more persons who perform a QA
					 evaluation and have knowledge of residential services for persons with a
					 developmental disability by virtue of personal, professional or academic
					 experience or training.
(35)
					 "Quality Assurance (QA) Plan" means the written plan developed by each regional
					 center to coordinate the QA evaluation process, ongoing monitoring, and
					 necessary training and technical assistance to assure implementation of these
					 regulations.
(36) "Regional Center"
					 means a diagnostic, counseling and service coordination center for
					 developmentally disabled persons and their families which is established and
					 operated pursuant to Welfare and Institutions Code Sections
					 4620
					 through
					 4669,
					 by a private nonprofit community agency or corporation acting as a contracting
					 agency. As used in these regulations, any reference to the regional center
					 shall, by reference, be applicable to those agencies or persons with which the
					 regional center contracts or employs to provide service coordination to
					 consumers under the provisions of Welfare and Institutions Code Section
					 4647.
(37) "Regional Center Director" means the
					 Director of the Regional Center or his/her designee.
(38) "Regional Center Representative" means a
					 person who is employed or designated by the regional center to represent that
					 agency.
(39) "Relocation" means the
					 process the regional center and the consumer complete to enable a consumer to
					 move from one facility to another.
(40) "Residential Service(s)" means the
					 direct supervision and special services which facility staff provide to a
					 consumer during the process of implementing the program design and achieving
					 the objectives of the Individual Program Plan (IPP) for which the residential
					 service provider is responsible.
(41) "Residential Service Provider" means an
					 individual or entity which has been licensed by the Department of Social
					 Services as a community care facility pursuant to Health and Safety Code
					 Section
					 1502(a)(1), (4), (5)
					 or (6); or is defined as a licensed facility
					 for the elderly in Health and Safety Code Section
					 1569.2;
					 has completed the vendorization process pursuant to Title 17, California Code
					 of Regulations, Division 2, Subchapter 2; and has been assigned a vendor
					 identification number beginning with the letter "H" pursuant to Title 17,
					 California Code of Regulations, Section
					 54340(a)(1).
(42) "Self Care" means providing for, or
					 meeting, a consumer's own physical and personal needs in the areas related to
					 eating, dressing, toileting, bathing and personal hygiene.
(43) "Service Coordinator" means the regional
					 center or designee agency employee, or his/her designee, who has responsibility
					 for providing or ensuring service coordination as specified in Welfare and
					 Institutions Code Section
					 4647.
(44) "Service Level" means one of a series of
					 4 levels which has been approved for each facility by a regional center.
					 Service Levels 2, 3 and 4 have a specified set of requirements that a facility
					 must meet which addresses the direct supervision and special services for
					 consumers within that facility.
(45) "Service Needs" means those consumer
					 needs which require direct supervision and special services, which are
					 identified through the ID Team assessment process.
(46) "Service Outcomes" means the results,
					 for the consumer, of direct supervision and special services provided by the
					 facility's program.
(47) "Special
					 Incident Report (SIR)" means a special incident report as defined in Title 17,
					 California Code of Regulations, section
					 54327(b).
(48) "Special Services" means specialized
					 training, treatment, and/or supervision which are required by the consumer's
					 IPP and provided by direct care staff in addition to direct
					 supervision.
(49) "Submit" means
					 the postmarking or hand delivery of the item required no later than the last
					 day of the timeline allowed.