California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 6 - Continuing Requirements › Section 86572 - Personal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall ensure that each child is accorded the following personal
				  rights:
(1) To be accorded safe, healthful
				  and comfortable accommodations, furnishings and equipment that are appropriate
				  to his/her age and needs.
(2) To be
				  treated with respect and to be free from physical, sexual, emotional or other
				  abuse.
(3) To have fair and equal
				  access to all available services, care, treatment, and benefits, and to be
				  treated with respect and to be free from discrimination, intimidation or
				  harassment based on sex, actual or perceived race, ethnic group identification,
				  gender identity, color, religion, ancestry, national origin, mental or physical
				  disability, medical condition, HIV status, or sexual orientation or
				  perception.
(4) To be free from
				  corporal or unusual punishment, infliction of pain, humiliation, intimidation,
				  ridicule, coercion, threat, mental abuse, or other actions of a punitive nature
				  including but not limited to interference with the daily living functions of
				  eating, sleeping, or toileting, or withholding of shelter, clothing, or aids to
				  physical functioning.
(5) To
				  receive adequate and healthy food.
(6) To be provided adequate clothing and
				  personal items.
(A) To wear his/her own
				  clothes.
(7) To receive
				  necessary medical, dental, vision, and mental health services.
(8) To be free of the administration of
				  medication or chemical substances, unless authorized by a physician and, if
				  required, by court order.
(9) To
				  have social contacts with people outside of the crisis nursery, such as
				  teachers, church members, mentors and friends.
(10) To contact and visit family members,
				  unless prohibited by court order.
(11) To have visitors, provided the rights of
				  others are not infringed upon, including:
(A)
				  Relatives, during waking hours, unless prohibited by court order, or by the
				  child's authorized representative.
(B) Authorized representative.
(C) Other visitors, unless prohibited by
				  court order or by the child's authorized representative.
(12) To contact Community Care Licensing
				  Division of the California Department of Social Services regarding violations
				  of rights, to speak to representatives of the Department confidentially and to
				  be free from threats or punishments for making complaints.
(A) The child's authorized representative
				  shall be informed of the provisions of law regarding complaints including, but
				  not limited to, the address and telephone number of the complaint receiving
				  unit of the Department and of information regarding the confidentiality of
				  complainants.
(13) To
				  make and receive confidential telephone calls and send and receive unopened
				  mail, unless prohibited by court order.
(A)
				  Reasonable restrictions may be imposed by the authorized representative or
				  caregiver to calls and correspondence.
(B) Other reasonable time, place, or manner
				  restrictions may be imposed.
(C) To
				  have access to letter writing material.
(14) To be free to attend religious services
				  and activities of his or her choice and to have visits from the spiritual
				  advisor of his or her choice.
(15)
				  To be accorded the independence appropriate to the child's age, maturity, and
				  capability, and to attend and participate in extracurricular, cultural, and
				  personal enrichment activities, consistent with the child's age and
				  developmental level.
(16) Not to be
				  locked in any room, or building.
(A) The
				  licensee shall not be prohibited from locking exterior doors and windows or
				  from establishing house rules for the protection of the children so long as the
				  children can exit from the crisis nursery.
(17) Not to be placed in any restraining
				  device. Postural supports may be used if they are approved in advance by the
				  Department as follows:
(A) Postural supports
				  shall be limited to appliances or devices including braces, spring release
				  trays, or soft ties, used to achieve proper body position and balance, to
				  improve a child's mobility and independent functioning, or to position rather
				  than restrict movement including, but not limited to, preventing a child from
				  falling out of bed, a chair, etc.
1.
				  Physician-prescribed orthopedic devices such as braces or casts used for
				  support of a weakened body part or correction of body parts are considered
				  postural supports.
(B)
				  All requests to use postural supports shall be in writing and include a written
				  order of a physician indicating the need for such supports. The Department
				  shall be authorized to require other additional documentation in order to
				  evaluate the request.
(C) Approved
				  postural supports shall be fastened or tied in a manner that permits quick
				  release by the resident.
(D) The
				  Department shall approve the use of postural supports only after the
				  appropriate fire clearance, as required by Section
				  86520(a) or (b),
				  has been secured.
(E) The
				  Department shall have the authority to grant conditional or limited approvals
				  to use postural supports.
(F) Under
				  no circumstances shall postural supports include tying of, or depriving or
				  limiting the use of, a child's hands or feet.
1. A bed rail that extends from the head half
				  the length of the bed and used only for assistance with mobility shall be
				  allowed with prior departmental approval. Bed rails that extend the entire
				  length of the bed are prohibited.
(G) Protective devices including, but not
				  limited to, helmets, elbow guards, and mittens which do not prohibit a child's
				  mobility but rather protect the child from self-injurious behavior are not to
				  be considered restraining devices. Protective devices may be used if they are
				  approved in advance by the Department as follows:
1. All requests to use protective devices
				  shall be in writing and include a written order of a physician indicating the
				  need for such devices. The Department shall be authorized to require additional
				  documentation including, but not limited to, the Individual Program Plan (IPP)
				  as specified in Welfare and Institutions Code Section
				  4646,
				  and the written consent of the authorized representative, in order to evaluate
				  the request.
2. The Department
				  shall have the authority to grant conditional or limited approvals to use
				  protective devices.
(H)
				  Under no circumstances shall postural supports or protective devices be used
				  for disciplinary purposes.
(18) To be accorded dignity in his/her
				  personal relationships with other persons in the crisis nursery.
(A) To be free from unreasonable searches of
				  person.
(B) To be free from
				  unreasonable searches of personal belongings.
(19) To have all the child's court records be
				  confidential, consistent with existing law.