reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 2 - Waivers to Treat Adolescents in Adult Facilities › Section 10605 - Documentation to be Submitted with Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee shall attach to the written request for waiver a
						written statement from the county alcohol or drug program administrator of the
						county in which the facility is located. The written statement shall document
						that:
(a) A need for such services exists;
					 and
(b) Adolescent-specific services are
					 otherwise unavailable in the county.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 2 - Waivers to Treat Adolescents in Adult Facilities › Section 10606 - Where to Submit Request for Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensee shall submit the written request for waiver and documentation required in
					 accordance with Section
					 10605 to the Licensing and Certification
					 Division, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA
					 95811-4037.
(b) Subsequent to the
					 Department's approval of the waiver, the licensee shall maintain on file a copy of
					 the request for waiver.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
3.
						Change without regulatory effect amending subsection (a) filed 6-12-2007 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2007, No. 24).
4. Change without regulatory effect
						amending subsection (a) filed 3-6-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 10).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 2 - Waivers to Treat Adolescents in Adult Facilities › Section 10607 - Departmental Review of Request for Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall review the written request for waiver to determine if it complies
					 with the requirements of this Subchapter.
(b) The Department shall not approve a waiver
					 prior to approval of a criminal records clearance, pursuant to Article 4 (commencing
					 with Section 10624) of this Subchapter.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 2 - Waivers to Treat Adolescents in Adult Facilities › Section 10608 - Approval of Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall approve the request for waiver if it
						complies with the requirements of this Subchapter, including the criminal records
						clearance provisions of Sections
						10624 through
						10631.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
3.
						Change without regulatory effect amending section filed 6-12-2007 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2007, No. 24).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 2 - Waivers to Treat Adolescents in Adult Facilities › Section 10609 - Renewal of Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall reassess the need for a waiver in
						conjunction with the extension of the period of licensure, as discussed in Section
						10529.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
3.
						Change without regulatory effect amending section filed 6-12-2007 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2007, No. 24).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 2 - Waivers to Treat Adolescents in Adult Facilities › Section 10610 - Voluntary Surrender of Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time, after submission of the request for waiver, the
						licensee may voluntarily surrender the waiver by so notifying the Department in
						writing and returning to the Department the waiver approval letter.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 2 - Waivers to Treat Adolescents in Adult Facilities › Section 10611 - Denial of Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall deny the request for waiver if it does
						not comply with the requirements of this Subchapter, including the criminal records
						clearance provisions of Sections
						10624 through
						10631.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 2 - Waivers to Treat Adolescents in Adult Facilities › Section 10612 - Termination of Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall terminate a waiver when Departmental review indicates that the
					 licensee is not in compliance with the requirements of this Subchapter, including
					 the criminal records clearance provisions of Sections
					 10624 through
					 10631.
(b) The waiver shall terminate immediately upon
					 oral or written notification by the Department. The Department shall follow-up oral
					 notification by letter within ten days.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10613 - Admission of Adolescents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition
					 to the requirements of Section
					 10566, the licensee shall develop and
					 implement intake procedures.
(b) At the
					 time of admission, the licensee shall provide the adolescent resident and the
					 adolescent's authorized representative with a written admission agreement which
					 meets the requirements of Section
					 10566.
(1) Within seven (7) days of the resident's
					 admission, the admission agreement shall be dated and signed by:
(A) The adolescent resident,
(B) The adolescent's authorized representative,
					 and
(C) The
					 licensee.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10614 - Consent of Authorized Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensee shall permit any adolescent resident to act on his/her own behalf and shall
					 not require such adolescent resident to have an authorized representative, provided
					 that the adolescent has:
(1) Applied for services
					 pursuant to Family Code Section
					 6929(b),
					 or
(2) Been emancipated pursuant to Part
					 6 (commencing with Section
					 7000) Division 11 of the Family
					 Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10615 - Staffing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 alcoholism or drug abuse recovery or treatment facility granted a waiver to serve
					 adolescents shall provide supervision of adolescent residents by program staff
					 twenty-four (24) hours per day, seven (7) days per week. Residents shall not be used
					 to fulfill this requirement.
(b) The
					 licensee shall comply with criminal record clearance requirements of Article 4
					 (commencing with Section
					 10624):
(1) Prior to approval of a waiver, and
(2) Continuously after approval of the
					 waiver.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10616 - Development of Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition
					 to the requirements of Section
					 10566, the licensee shall develop a
					 needs and services plan for each adolescent resident.
(b) The needs and services plan shall identify:
(1) The adolescent's educational needs and the
					 services which will meet those needs, if the adolescent's residency is to exceed
					 fourteen (14) days;
(2) Restrictions and
					 limitations on visitation with family members and others;
(3) Anticipated length of program
					 participation.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10618 - Buildings and Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements specified in Section
						10581(a) through (f),
						the following requirements shall apply to facilities which provide services to
						adolescents:
(a) Only adolescent residents
					 of the same sex shall share a bedroom.
(b) No adolescent resident shall be required to
					 sleep in a room used for other activities.
(c) A recreation room shall be available for
					 planned activities, relaxation, and recreation of adolescent residents
					 exclusively.
1. New section
						filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
2. Change without
						regulatory effect amending first paragraph filed 6-15-99 pursuant to section
						100, title 1, California Code of
						Regulations (Register 99, No. 25).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10619 - Discipline Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensee shall develop and utilize written policies and procedures regarding the
					 discipline of adolescent residents.
(1) The
					 licensee's policies and procedures shall comply with the requirements of this
					 regulation.
(2) Facility staff,
					 adolescent residents, and the adolescent resident's authorized representatives shall
					 receive copies of the licensee's policies and procedures regarding the discipline of
					 adolescent residents.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10620 - Removal/Discharge of Adolescents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensee shall develop and utilize written procedures regarding removal/discharge of
					 adolescent residents from the facility.
(b) The licensee shall not remove or discharge an
					 adolescent resident from the facility unless the licensee has obtained prior written
					 approval from the adolescent's authorized representative for the
					 removal/discharge.
(c) Nothing in this
					 regulation shall be construed to prohibit an adolescent resident from being removed
					 from the facility under emergency circumstances by an authorized person or agency.
					 Examples of such circumstances include:
(1)
					 Removal by law enforcement officers when an adolescent resident is
					 arrested;
(2) Removal for the health and
					 safety of the adolescent resident;
(3)
					 Removal because the continued presence of the adolescent resident represents a
					 threat to the health and safety of others within the facility.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10621 - Personnel Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements of Section
						10565, the licensee shall develop and
						utilize a dated, monthly time schedule for facility staff and volunteers.
(a) The schedule shall clearly identify the
					 individuals providing services and/or coverage and the days and hours to be
					 worked.
(b) The schedule shall be posted
					 in the facility where it is convenient for staff reference.
(c) The licensee shall keep the monthly time
					 schedules on file for one year.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10622 - Records of Adolescent Residents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the information required in Section
						10568, the licensee shall obtain and
						record the following in each adolescent resident's record:
(a) The name, address, and telephone number of the
					 adolescent's authorized representative;
(b) A consent form, completed by the adolescent's
					 authorized representative, permitting the facility to authorize medical
					 care;
(c) An assessment of the
					 adolescent's educational needs, if the term of residency exceeds fourteen (14) days;
					 and
(d) A copy of the adolescent's needs
					 and service plan.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Repealer and
						new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 3 - Compliance Requirements › Section 10623 - Mandatory Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee shall notify the adolescent resident's authorized
						representative if the adolescent resident:
(a) Is removed from or leaves the facility,
					 or
(b) Is not enrolled in or regularly
					 attending school.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Amendment of
						subsections (b) and (c) filed 12-27-89 as an emergency; operative 1-1-90 (Register
						90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days
						or emergency language will be repealed by operation of law on 5-1-90.
3.
						Amendment of subsections (b) and (c) refiled 4-30-90 as an emergency; operative
						4-30-90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to
						OAL within 120 days or emergency language will be repealed by operation of law on
						8-28-90.
4. Certificate of Compliance as to 4-30-90 order including
						amendment of NOTE transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No.
						44).
5. Repealer and new section filed 3-18-97; operative 4-17-97
						(Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 4 - Criminal Records Clearance › Section 10624 - Criminal Record Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 individuals who have supervisory responsibility for adolescent residents or frequent
					 or routine contact with adolescent residents of an alcoholism or drug abuse recovery
					 or treatment facility shall be subject to a criminal record review prior to their
					 involvement in the provision of services to adolescents. Residents shall not be
					 required to meet the requirements of this article.
(b) The Department shall conduct a criminal record
					 review of all persons specified in Subsection (a) of this regulation and shall have
					 the authority to approve or deny an individual's involvement in the provision of
					 adolescent services based upon the results of such review.
1. New section
						filed 10-23-87; operative 10-23-87 (Register 87, No. 43).
2. Amendment of
						subsection (d) filed 12-27-89 as an emergency; operative 1-1-90 (Register 90, No.
						1). A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed by operation of law on 5-1-90.
3.
						Amendment of subsection (d) refiled 4-30-90 as an emergency; operative 4-30-90
						(Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within
						120 days or emergency language will be repealed by operation of law on
						8-28-90.
4. Certificate of Compliance as to 4-30-90 order including
						amendment of NOTE transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No.
						44).
5. Repealer of section, and new subchapter 4, article 4 (sections
						10624-10631) and section filed 3-18-97;
						operative 4-17-97 (Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  11835,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 4 - Criminal Records Clearance › Section 10625 - Fingerprinting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 individuals subject to criminal review shall be fingerprinted. Fingerprints shall be
					 recorded on current Application for Employment forms [BID 7 (5/90)] designated by
					 the California Department of Justice. The fingerprinting service utilized shall be
					 secured by the applicant/licensee.
(b)
					 All current processing fees required by the Department of Justice shall be submitted
					 with completed fingerprint forms by the applicant/licensee to the
					 Department.
(c) The quality of prints
					 shall be reviewed by the Department prior to forwarding to the California Department
					 of Justice for processing. The Department's quality review process shall be
					 completed within five (5) working days from receipt of the completed fingerprint
					 forms.
(d) The Department shall return
					 fingerprint forms to the applicant/licensee under any one of the following
					 conditions:
(1) The applicant/licensee fails to
					 submit the required processing fee for each completed fingerprint form.
(2) The fingerprints fail to meet the quality
					 standards required for processing as determined by the California Department of
					 Justice.
(3) Fingerprint forms are
					 incomplete.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 4 - Criminal Records Clearance › Section 10626 - Review of Criminal History Summaries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Criminal
					 history summaries shall be reviewed by the Department to determine if an individual
					 has been convicted of any crimes specified in Subsections (c) or (d) of this
					 regulation. The Department shall complete this review process within ten (10)
					 working days of receipt of the criminal history summary from the Department of
					 Justice.
(b) If the review discloses the
					 individual has no record of being convicted for any crimes specified in Subsections
					 (c) or (d) of this regulation, the Department shall approve a criminal record
					 clearance and notify the applicant/licensee within seven (7) working days from
					 completion of the review process.
(c) If
					 the review discloses the individual has been convicted of or is the subject of any
					 criminal investigation relating to any felony or a misdemeanor perpetrated against a
					 child, the Department shall deny a criminal record clearance and so notify the
					 applicant/licensee within seven (7) working days from completion of the review
					 process. Conviction for any felony or misdemeanor perpetrated against a child,
					 committed outside the State of California, shall be considered a felony or
					 misdemeanor perpetrated against a child, for the purpose of these regulations, if
					 such offense would have been a crime if it had been committed in California. Any
					 individual so convicted shall be permanently prohibited from participating in the
					 provision of adolescent services.
(d) If
					 the review discloses the individual has been convicted of any alcohol or
					 drug-related crime, a violation of Division 10 of the Health and Safety Code which
					 is also known as the Uniform Controlled Substances Act, the Department shall take
					 the following action:
(1) For any felony or
					 misdemeanor conviction, within the last three (3) years, not perpetrated against a
					 child, the Department shall notify the individual and the applicant/licensee, within
					 seven (7) days of completion of the review process, that the individual is
					 prohibited from being involved in the provision of services at a facility serving
					 adolescents.
(2) Notwithstanding Section
					 10626(d)(1) of this
					 subchapter, a two year limitation shall apply to a conviction for violation of those
					 statutes enumerated in Labor Code Section
					 432.8.
(3) Conviction for a violation or attempted
					 violation of an offense committed outside the State of California shall be
					 administered pursuant to this section if such offense would have been a crime under
					 one of the above sections if committed in California.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 4 - Criminal Records Clearance › Section 10630 - Monitoring of Subsequent Conviction Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department shall monitor all subsequent conviction data received from the California
					 Department of Justice for individuals with an approved or conditional criminal
					 record clearance.
(b) Upon receipt of
					 information that an individual participating in the provision of adolescent services
					 has been convicted of a crime specified in Section
					 10626(c) or Section
					 10626(d) of this
					 article, or any crime which the Department determines has direct bearing upon the
					 individual's ability to perform her/his responsibilities in the provision of
					 adolescent services, the Department shall notify the licensee. For crimes specified
					 in Section 10626(c), the time
					 limitations specified in Subsections
					 10626(d)(1) and (d)(2)
					 shall apply.
(c) Upon notification that
					 an individual has been convicted as specified in Subsection (b) of this regulation,
					 the licensee shall terminate the individual's involvement in the provision of
					 services to adolescents effective the date the Department's notice is received.
(1) If an individual is convicted of a crime as
					 specified in Section
					 10626(c) of this
					 article, the individual shall be permanently prohibited from participating in the
					 provision of adolescent services in accordance with Section
					 10626(c) of this
					 article.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Subchapter 4 - Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities › Article 4 - Criminal Records Clearance › Section 10631 - Storage of Criminal History Summaries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All criminal history summaries are confidential and shall be
						stored in compliance with Article 1 (commencing with Section
						700), Chapter 7, Division 1, Title 11,
						California Code of Regulations.
1. New section
						filed 3-18-97; operative 4-17-97 (Register 97, No. 12).
Note: Authority cited: Sections
						  11755,
						  11834.50
						  and
						  118135,
						  Health and Safety Code. Reference: Section
						  11834.50,
						  Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 5.5 - Licensure and Certification Fees for Outpatient Programs and Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities › Section 10700 - Purpose of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter shall implement the process for assessing licensure
				  and/or certification fees for all outpatient programs or residential alcoholism or
				  drug abuse recovery or treatment facilities, regardless of the form of organization
				  or ownership, that are or seek to be certified pursuant to Chapter 7 (commencing
				  with Section 11830.1) and/or licensed pursuant to
				  Chapter 7.5 (commencing with Section
				  11834.01), Part 2, Division 10.5 of the
				  Health and Safety Code.
1. New chapter 5.5
				  (sections 10700-10701) and section filed 6-29-2009
				  as an emergency; operative 6-29-2009 (Register 2009, No. 27). A Certificate of
				  Compliance must be transmitted to OAL by 12-28-2009 or emergency language will be
				  repealed by operation of law on the following day.
2. New chapter 5.5
				  (sections 10700-10701) and section refiled
				  12-21-2009 as an emergency; operative 12-27-2009 (Register 2009, No. 52). A
				  Certificate of Compliance must be transmitted to OAL by 3-29-2010 or emergency
				  language will be repealed by operation of law on the following day.
3.
				  Certificate of Compliance as to 12-21-2009 order transmitted to OAL 3-10-2010 and
				  filed 4-20-2010 (Register 2010, No. 17).
Note: Authority cited: Sections
					 11755,
					 11833.04,
					 11834.50
					 and
					 11835,
					 Health and Safety Code. Reference: Section
					 11833.02,
					 Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 2 - General Provisions › Section 10805 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this Subchapter is to implement Article 9.5,
					 which is designed to eliminate discrimination on the basis of ethnic group
					 identification, religion, age, sex, color, or physical or mental disability in any
					 program or activity receiving state financial assistance.
Note: Authority cited: Section
						11138,
						Government Code. Reference: Section
						11135,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 2 - General Provisions › Section 10807 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Subchapter applies to each recipient of state financial
					 assistance from the Department of Alcohol and Drug Programs.
Note: Authority cited: Section
						11138,
						Government Code. Reference: Section
						11135,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 2 - General Provisions › Section 10809 - Legal Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The rights and remedies under this Subchapter are not exclusive
					 and do not affect rights and remedies provided elsewhere by law or contract,
					 especially rights and remedies relating to employment under the California Fair
					 Employment and Housing Act, Government Code Section
					 12900 et
					 seq.
Note: Authority cited: Section
						11138,
						Government Code. Reference: Section
						11139,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 2 - General Provisions › Section 10811 - Duration of Obligation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The recipient shall be obligated to comply with this
						Subchapter for the period during which state financial assistance is received. NOTE:
						Authority cited: Section
						11138,
						Government Code. Reference: Section
						11135,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 3 - Discriminatory Practices Relating to All Groups Protected by Article 9.5 › Section 10820 - Discriminatory Practices Applicable to All Recipients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In carrying
				  out a program or activity, a recipient shall not, on the basis of ethnic group
				  identification, religion, age, sex, color, or physical or mental disability:
(1) Deny an ultimate beneficiary the opportunity
				  to participate in or benefit from a program or activity;
(2) Deny an ultimate beneficiary an opportunity to
				  participate in or benefit from a program or activity which is as effective or equal
				  to that afforded others; to be effective said program or activity shall afford an
				  equal opportunity to obtain the same result, to gain the same benefit, or to reach
				  the same level of achievement as that provided to others;
(3) Make selections of sites or locations of
				  facilities in which to conduct a program or activity that have the purpose or effect
				  of excluding ultimate beneficiaries from, denying them the benefits of, or otherwise
				  subjecting them to discrimination.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 4 - Discriminatory Practices Relating to Ethnic Group Identification › Section 10826 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Article, the following terms shall apply:
(a) Alternative Communication Services.
				  "Alternative communication services" means the method used or available for purposes
				  of communicating with an ultimate beneficiary unable to read, speak or write in the
				  English language. This includes, but is not limited to, the provision of the
				  services of a multilingual employee or an interpreter for the benefit of an ultimate
				  beneficiary and the provision of written materials in a language other than
				  English.
(b) Ethnic Group. "Ethnic
				  group" means a social group with a cultural and social system that claims or is
				  accorded special status on the basis of traits such as religious, linguistic,
				  ancestral or physical characteristics.
(c) Ethnic Group Identification. "Ethnic group
				  identification" means the possession of the traits or physical characteristics
				  common to a particular cultural and social system from which a person or his or her
				  ancestors originated.
Note: Authority cited: Section
						11138,
						Government Code. Reference: Section
						11135,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 4 - Discriminatory Practices Relating to Ethnic Group Identification › Section 10828 - Discrimination Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A recipient shall not:
(a) Discriminate against an ultimate beneficiary
				  because of his or her ethnic group identification.
(b) Discriminate against an ultimate beneficiary
				  because of his or her membership in an organization identified with, or seeking to
				  promote the interests of, a specific ethnic group or because his or her name, or
				  that of his or her spouse, is believed to reflect an ethnic group.
(c) Fail to take appropriate steps to ensure that
				  alternative communication services are available to ultimate beneficiaries, except
				  where determined that such a requirement would place an undue hardship on the
				  recipient.
(1) Undue hardship is determined by
				  consideration of, but not limited to, the following:
(A) The overall size of the recipient's program or
				  activity with respect to the number of employees, the number and type of facilities,
				  and the size of the budget; and
(B) The
				  nature and cost of the accommodation needed.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 5 - Discriminatory Practices Relating to Religion › Section 10833 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Article, the following term shall apply:
Religion. "Religion" means a person's sincere and meaningful
					 beliefs which occupy a place of importance in his or her life including or parallel
					 to that filled by a belief in a traditional God. This includes organized sects whose
					 beliefs are common to a number of people, as well as intensely personal convictions
					 which some may find incomprehensible or incorrect.
Note: Authority cited: Section
						11138,
						Government Code. Reference: Section
						11135,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 5 - Discriminatory Practices Relating to Religion › Section 10835 - Application to Religious Organizations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Programs or activities receiving state financial assistance
					 which are provided by non-profit religious corporations or associations shall comply
					 with the provisions of this subchapter.
1. Editorial
					 correction filed 3-2-83 (Register 83, No. 10).
Note: Authority cited: Section
						11138,
						Government Code. Reference: Sections
						11135 and
						11139,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 5 - Discriminatory Practices Relating to Religion › Section 10837 - Discrimination Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A recipient shall not discriminate against an ultimate
					 beneficiary on the basis of his or her religion.
Note: Authority cited: Section
						11138,
						Government Code. Reference: Sections
						11135 and
						11139,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 5 - Discriminatory Practices Relating to Religion › Section 10839 - Reasonable Accommodation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A recipient
				  shall accommodate an ultimate beneficiary's religion unless the recipient can
				  demonstrate that the accommodation is unreasonable because it would impose an undue
				  hardship.
(b) In determining whether a
				  reasonable accommodation would impose an undue hardship on the recipient, factors to
				  be considered include, but are not limited to:
(1)
				  The overall size of the recipient's program or activity with respect to the number
				  of employees, the number and type of facilities, and the size of budget;
(2) The nature and cost of the accommodation
				  needed; and
(3) Reasonable notice to the
				  recipient from the ultimate beneficiary of the need for
				  accommodation.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 6 - Discriminatory Practices Relating to Age › Section 10845 - Discrimination Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A recipient shall not discriminate against an ultimate
					 beneficiary on the basis of his or her age.
Note: Authority cited: Section
						11138,
						Government Code. Reference: Sections
						11135 and
						11139,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 7 - Discriminatory Practices Relating to Sex › Section 10850 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Article, the following terms shall apply:
(a) Sex. "Sex" means an ultimate beneficiary's
				  gender; however, nothing herein shall limit protections due an individual on account
				  of pregnancy, childbirth, or related medical conditions.
(b) Sexual Stereotype. "Sexual stereotype" means
				  an assumption about an individual based on a myth or generalization about the
				  individual's gender or mannerisms.
Note: Authority cited: Section
						11138,
						Government Code. Reference: Section
						11135,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 6 - Nondiscrimination in Programs or Activities Receiving State Financial Assistance › Article 7 - Discriminatory Practices Relating to Sex › Section 10852 - Discrimination Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A recipient shall not:
(a) Discriminate against an ultimate beneficiary
				  on the basis of his or her sex.
(b)
				  Adopt or use any rule, policy, or practice which has the purpose or effect of
				  differentiating on the basis of sex.
(c)
				  Differentiate on the basis of sex in asking about the family or marital status of an
				  ultimate beneficiary in determining whether he or she satisfies the criteria for
				  participation in a program or activity. However, the ultimate beneficiary may be
				  required to provide information relevant and necessary for determining whether he or
				  she satisfies validly imposed criteria for participation in the program or activity
				  in question, including any other former names by which such person has been
				  known.
(d) Adopt or use any rule, policy
				  or practice which provides differential treatment to men and women on the basis of
				  sex or sexual stereotype which is not relevant to determining fitness for
				  participation in the program or activity.
(e) Permit harassment of an ultimate beneficiary
				  on the basis of his or her sex or on the basis of sexual stereotype.
Note: Authority cited: Section
						11138,
						Government Code. Reference: Sections
						11135 and
						11139,
						Government Code.