reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 5 - Special Health Care Needs › Section 89572.2 - Personal Rights for Children with Special Health Care Needs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A "child with
				  special health care needs" is afforded all of the personal rights specified in
				  Section 89372, Personal Rights.
				  Additionally, the following personal rights shall be afforded:
(1) A "child with special health care needs"
				  has the right to be free of the administration of medication or chemical
				  substances except as specifically provided in the individualized health care
				  plan for a "child."
(2) A "child
				  with special health care needs" has the right to be free from any restraining
				  or postural support device except as required to treat the specific medical
				  symptoms of a "child" and addressed or outlined in the individualized health
				  care plan for the "child."
(A) Physical
				  restraining devices may be used for the protection of a "child with special
				  health care needs" during treatment and diagnostic procedures. The restraining
				  device, which shall not have a locking device, shall be applied for no longer
				  than the time required to complete the treatment and shall be applied in
				  conformance with the individualized health care plan for a "child." The
				  individualized health care plan for a "child" shall include all of the
				  following:
1. The specific medical symptom(s)
				  that require use of the restraining device.
2. An evaluation of less restrictive
				  therapeutic interventions and the reason(s) for ruling out these other
				  practices.
3. A written order by
				  the physician for a "child." The order must specify the duration and
				  circumstances under which the restraining device is to be
				  used.
(B) Postural
				  supports, as specified in Section
				  89475.2, subsections (a)(1)(A)
				  through (C), and protective devices as specified in Section
				  89475.2, subsection (a)(2)(A), may
				  be used if prescribed in the individualized health care plan for a "child." The
				  method of application shall be specified in the individualized health care plan
				  for a "child" and approved in writing by the physician for a
				  "child."
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 5 - Special Health Care Needs › Section 89587.1 - Additional Buildings and Grounds Requirements for Specialized Foster Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Areas in the home that include, but are not limited to, bedrooms, bathrooms,
				  toilets, dining areas, passageways, and recreational spaces used by a "child
				  with special health care needs" shall be large enough to accommodate any
				  medical equipment that a "child" needs.
(1) A
				  bedroom that is occupied by a "child with special health care needs" shall be
				  large enough to allow storage of each child's personal items and any required
				  medical equipment or assistive devices, including wheelchairs, adjacent to a
				  child's bed.
(A) The bedroom shall be large
				  enough to permit unobstructed bedside assistance with medical procedures and
				  medications.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 10 - Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly › Article 1 - General Requirements and Definitions › Section 89600 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
				  Chapters 1, 2, 6, 6.1 and 11 for adult residential community care facilities
				  and Chapter 8 for Residential Care Facilities for the Elderly, except where
				  specifically exempted, adult residential community care facilities and
				  Residential Care Facilities for the Elderly shall be governed by the provisions
				  of this chapter.
(1) This chapter shall not
				  apply to an adult residential community care facility or Residential Care
				  Facility for the Elderly that serves six or fewer persons and is also the
				  principal residence of the licensee.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 10 - Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly › Article 1 - General Requirements and Definitions › Section 89601 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this chapter, the following definitions
					 shall apply:
(a) (Reserved)
(b) (Reserved)
(c)
(1)
				  "Capital Improvement" means an expenditure to improve a fixed
				  asset.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 10 - Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly › Article 1 - General Requirements and Definitions › Section 89602 - Description of Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following forms are incorporated by reference.
(a) LIC 200TM (06/18) -- Temporary Manager
				  Application for Provisional License.
(b) LIC 215TM (11/18) -- Temporary Manager
				  Candidate List Applicant Information.
(c) LIC 216TM (11/18) -- Temporary Manager
				  Appointment Applicant Information.
1. New
					 section filed 8-22-2018 as an emergency; operative 8-22-2018 (Register 2018,
					 No. 34). A Certificate of Compliance must be transmitted to OAL by 2-19-2019 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-22-2018 order, including
					 amendment of subsections (b) and (c), transmitted to OAL 2-19-2019 and filed
					 4-3-2019; amendments operative 4-3-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2019, No. 14).
Note: Authority cited: Sections
						1530,
						1546.1,
						1569.30
						and
						1569.481,
						Health and Safety Code. Reference: Sections
						1546.1,
						1550,
						1550.5,
						1556,
						1569.481,
						1569.50,
						1569.525
						and
						1569.682,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 10 - Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly › Article 3 - Application Procedures › Section 89632 - Temporary Manager Candidate List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall maintain a temporary
				  manager candidate list that contains approved applicants who have demonstrated
				  that they meet the qualifications to be appointed as a temporary manager as set
				  forth in Section
				  89667.
(1) An applicant who wishes to be a temporary
				  manager candidate and placed on the temporary manager candidate list shall
				  submit to the Department a completed and signed LIC 215TM, Temporary Manager
				  Candidate List Applicant Information form that supports the temporary manager
				  minimum qualification requirements set forth in Section
				  89667.
(2) The Department shall notify the applicant
				  whether the applicant has been approved for placement on the temporary manager
				  candidate list within 60 days of receipt of a complete application via mail or
				  electronic transmission and shall include the date of approval, or the
				  Department may request further documentation to support the application. If the
				  Department does not place an applicant on the list, the Department shall notify
				  the applicant of the reasons the applicant is not qualified for placement on
				  the list.
(3) Placement on the
				  temporary manager candidate list does not guarantee appointment as a temporary
				  manager.
(4) Placement on the list
				  is effective for three years from the date of approval. The Department shall
				  send a renewal notice by mail or electronic transmission, no less than 90 days
				  prior to the expiration date of the placement. Prior to the expiration date of
				  the placement, if the candidate does not confirm interest in remaining on the
				  list and verify that all previously provided information is still valid and
				  current, the candidate shall be removed from the list.
(5) Individuals and entities on the temporary
				  manager candidate list shall update the Department to keep information provided
				  in the application valid and current.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 10 - Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly › Article 3 - Application Procedures › Section 89633 - Temporary Manager Appointment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once the Department has determined a need
				  to appoint a temporary manager pursuant to Section
				  89600, the Department shall issue
				  a notice to all temporary manager candidates on the list. The notice shall
				  include the name of the facility, its location, the current occupancy of the
				  facility, the number of nonambulatory residents, the number of bedridden
				  residents unable to turn or reposition in bed, the number of residents on
				  hospice, a list of deficiencies from inspection reports that have led to the
				  need for a temporary manager, if the facility is in financial distress, the
				  estimated duration of the appointment and the deadline for reply.
(b) The temporary manager candidates that
				  receive the notice as described in Section
				  89633(a) and are
				  interested in being appointed as a temporary manager, shall reply on a
				  completed and signed LIC 216TM, Temporary Manager Appointment Applicant
				  Information form and agree to the following:
(1) The temporary manager candidate is
				  available to commit to the estimated duration of the appointment and
				  acknowledges that the appointment shall be effective on the date of approval
				  and shall continue for a period not to exceed 60 days from that date unless
				  otherwise extended in accordance with Health and Safety Code section
				  1546.1(h)(2)
				  or
				  1569.481(h)(2)
				  at the discretion of the Department;
(2) The temporary manager candidate is able
				  to provide the number of hours that he or she is available to manage the
				  facility on a weekly basis;
(3) The
				  temporary manager candidate meets all qualifications for appointment as a
				  temporary manager at the identified facility, as required by Section
				  89667;
(4) The temporary manager candidate does not
				  have a financial ownership interest in the facility or its licensee nor has an
				  immediate family member who has an interest in the facility or its licensee
				  pursuant to the applicable Health and Safety Code section
				  1546.1(i)(3)
				  or
				  1569.481(i)(3);
(5) The temporary manager candidate does not
				  currently serve, nor has served within the past two years, as a member of the
				  staff of the facility pursuant to applicable Health and Safety Code section
				  1546.1(i)(4)
				  or
				  1569.481(i)(4);
(6) The temporary manager candidate will
				  continue operation in order to bring the facility into compliance with the
				  law;
(7) The temporary manager
				  candidate will provide to the Department the candidate's desired compensation
				  if appointed.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 10 - Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly › Article 3 - Application Procedures › Section 89637 - Facility Improvement Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall work with the
				  temporary manager to develop and maintain a facility improvement plan in order
				  to bring the facility into compliance with the law, to facilitate a transfer of
				  ownership to a new licensee, or to ensure the orderly transfer of residents
				  should the facility be required to close. The facility improvement plan shall
				  include, but is not limited to, the following:
(1) A comprehensive list of noncompliance
				  items that shall be organized by the urgency of the health and safety needs of
				  the residents.
(2) The necessary
				  action for each listed noncompliance item and the timeframe by which the
				  noncompliance item will be brought into compliance.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 10 - Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly › Article 6 - Continuing Requirements › Section 89662 - Finances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  shall notify the licensee in writing, that pursuant to Health and Safety Code
				  section
				  1546.1(j)(1)
				  or
				  1569.481(j)(1),
				  he or she may be responsible for the costs of the temporary manager and any
				  other expenses in connection with the temporary management. Upon agreement
				  between the Department and the licensee, the costs shall be paid directly by
				  the facility while the temporary manager is assigned to that facility pursuant
				  to Health and Safety Code section
				  1546.1(j)(1)
				  or
				  1569.481(j)(1).
(b) Failure of the licensee to pay the costs
				  described in subsection (a) may result in the payment of the costs by the
				  Department and may result in subsequent required reimbursement to the
				  Department by the licensee pursuant to Health and Safety Code section
				  1546.1(j)(1)
				  or
				  1569.481(j)(1).
(1) With permission of the Department, the
				  temporary manager may use his or her own funds for any direct costs as
				  described in Health and Safety code section
				  1546.1(j)(2)
				  or
				  1569.481(j)(2).
				  These expenditures will be reimbursed by the Department pursuant to the written
				  contract described in Section
				  89633(d). If the
				  temporary manager uses his or her own funds, he or she shall provide the
				  Department with the following:
(A) Receipts
				  or invoices of costs for which the temporary manager seeks to have reimbursed
				  by the Department.
(B) Documentary
				  evidence that each expense is reasonably necessary for the operation of the
				  facility.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 10 - Temporary Management of Adult Community Care Facilities and Residential Care Facilities for the Elderly › Article 6 - Continuing Requirements › Section 89667 - Temporary Manager Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall determine whether
				  the temporary manager applicant is qualified based on his or her education and
				  experience. An applicant who wishes to be qualified or appointed as a temporary
				  manager shall at a minimum meet the following requirements:
(1) The individual or entity must be one of
				  the following:
(A) Either a current certified
				  administrator or licensee of an Adult Residential Facility in accordance with
				  Health and Safety Code, Division 2, Chapter 3, Article 2 or 6 or a Residential
				  Care Facility for the Elderly in accordance with Health and Safety Code,
				  Division 2, Chapter 3.2, Article 2 or 6, or
(B) The individual or entity shall have a
				  minimum of six months experience as an administrator or licensee of a facility
				  that provides care and supervision to elderly or adult
				  residents.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 1 - General Requirements › Section 89900 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An Enhanced Behavioral Supports Home is governed by the provisions of this
				  chapter and Chapter 1. Chapter 5 shall also apply to an Enhanced Behavioral
				  Supports Home that is licensed as a Group Home. Chapter 6 shall also apply to
				  an Enhanced Behavioral Supports Home that is licensed as an Adult Residential
				  Facility.
(b) Each Enhanced
				  Behavioral Supports Home shall be licensed as an Adult Residential Facility or
				  a Group Home and certified by the Department of Developmental Services in
				  accordance with Health and Safety Code section
				  1567.62(a).
(c) Placements of dual agency clients into
				  Enhanced Behavioral Supports Homes that are licensed as Group Homes shall be
				  subject to the limitations on the duration of the placement set forth in
				  Sections
				  319.2
				  and 319.3, 361.2(e)(9)(A), and 361.2(e)(10) of the Welfare and Institutions
				  Code.
(1) Dual agency clients are foster
				  children in temporary custody of the child welfare agency under Section
				  319 of the Welfare and
				  Institutions Code or under the jurisdiction of the juvenile court pursuant to
				  Section
				  300,
				  450,
				  601,
				  or
				  602
				  of the Welfare and Institutions Code who are also either a client of regional
				  center services, or who are receiving services under the California Early
				  Intervention Services Act (Title 14 (commencing with Section
				  95000) of the Government Code) but
				  who are under three years of age and have not yet been determined to have a
				  developmental disability. This is in accordance with Health and Safety Code
				  section
				  1567.62(e).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 1 - General Requirements › Section 89901 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80001,
					 84001 and
					 85001, the following shall
					 apply:
(a)
(1) "Assistant Behavior Analyst" means an
				  individual who assesses the function of a behavior of a client and designs,
				  implements, and evaluates instructional and environmental modifications to
				  produce socially significant improvements in the client's behavior through
				  skill acquisition and the reduction of behavior, under supervision of a
				  Behavior Analyst. Assistant Behavior Analysts engage in descriptive functional
				  assessments to identify environmental factors of which behavior is a function.
				  An Assistant Behavior Analyst is recognized by the national Behavior Analyst
				  Certification Board as a Board Certified Assistant Behavior Analyst.
(2) "Authorized Consumer Representative"
				  shall have the same meaning as California Code of Regulations, Title 17,
				  Section 59050(c). An
				  Authorized Consumer Representative shall not have the same meaning as
				  authorized representative as defined by Section
				  80001(a)(7).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 3 - Application Procedures › Section 89918 - Application for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80018,
					 84018 and
					 85018, the following shall
					 apply:
(a) An Enhanced Behavioral
				  Supports Home shall not be licensed by the Department until the Certificate of
				  Program Approval, granted by the Department of Developmental Services, has been
				  received in accordance with Health and Safety Code section
				  1567.62.
(b) An application for licensure, an Enhanced
				  Behavioral Supports Home shall include a copy of the Department of
				  Developmental Services' Certificate of Program Approval to the Department as
				  required by the California Code of Regulations, Title 17, Section
				  59053.
(c) An Enhanced Behavioral Supports Home
				  shall include a copy of the Department of Developmental Services' Certificate
				  of Program Approval in the Plan of Operation pursuant to Section
				  89922(c).
1. New
					 article 3 (sections
					 89918-89940) and section filed
					 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A
					 Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-9-2017 order transmitted
					 to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No.
					 37).
Note: Authority cited: Sections
						1530
						and
						1567.68,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530,
						1531
						and
						1567.62,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 3 - Application Procedures › Section 89920 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An Enhanced Behavioral Supports Home shall meet the automatic fire sprinkler
				  system requirements of the California Code of Regulations, Title 17, Section
				  59051(c).
1. New
					 section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No.
					 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-9-2017 order transmitted
					 to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No.
					 37).
Note: Authority cited: Sections
						1530
						and
						1567.68,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530
						and
						1531,
						Health and Safety Code; and Section
						4684.86,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 3 - Application Procedures › Section 89922 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80022,
					 84022 and
					 85022, the following shall
					 apply:
(a) The license applicant shall
				  submit a facility program plan to the Department of Developmental Services for
				  approval and shall submit the approved plan to the Department of Social
				  Services. The facility program plan shall be included in the plan of operation,
				  which shall be approved by the Department of Social Services prior to licensure
				  in accordance with Health and Safety Code section
				  1567.63.
(b) The facility program plan shall fulfill
				  the requirements of California Code of Regulations, Title 17, Section
				  59052.
(c) An Enhanced Behavioral Supports Home
				  shall include a copy of the Department of Developmental Services' Certificate
				  of Program Approval in the Plan of Operation as required by the California Code
				  of Regulations, Title 17, Section
				  59053.
(d) A copy of the Facility Program Plan shall
				  be included in the licensee's facility file pursuant to Section
				  89900(d).
1. New
					 section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No.
					 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-9-2017 order transmitted
					 to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No.
					 37).
Note: Authority cited: Sections
						1530
						and
						1567.68,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530,
						1531
						and
						1567.63,
						Health and Safety Code; and Section
						4684.86,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 3 - Application Procedures › Section 89940 - Denial of Initial License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80040 and
					 84040 the following shall
					 apply:
(a) An Enhanced Behavioral
				  Supports Home shall be denied a license if the Department of Developmental
				  Services' Certificate of Program Approval has not been submitted to the
				  Department with the license application, in accordance with Health and Safety
				  Code section
				  1567.62(b) and
				  (c).
1. New
					 section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No.
					 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-9-2017 order transmitted
					 to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No.
					 37).
Note: Authority cited: Sections
						1530
						and
						1567.68,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530,
						1531
						and
						1567.62,
						Health and Safety Code; and Section
						4684.86,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 4 - Administrative Actions › Section 89942 - Revocation or Suspension of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80042 and
					 84142, the following shall
					 apply:
(a) The Department shall revoke
				  the Enhanced Behavioral Supports Home's license when the Department of
				  Developmental Services has decertified the Enhanced Behavioral Supports Home's
				  Certificate of Program Approval, in accordance with Health and Safety Code
				  section
				  1524(h)
				  and
				  1567.67(a) and
				  (b).
1. New
					 article 4 (section
					 89942) and section filed 2-9-2017
					 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
					 repealed by operation of law on the following day.
2. Certificate of
					 Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017
					 (Register 2017, No. 37).
Note: Authority cited: Sections
						1530
						and
						1567.68,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1524(h),
						1530,
						1531
						and
						1567.67,
						Health and Safety Code; and Section
						4684.86,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 6 - Continuing Requirements › Section 89964 - Administrator Certification and Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80064,
					 84064 and
					 85064, the following shall
					 apply:
(a) An administrator for an
				  Enhanced Behavioral Supports Home shall also meet the following qualifications,
				  pursuant to the California Code of Regulations, Title 17, Section
				  59060:
(1) Have a minimum of 2 years of prior
				  experience providing direct supervision to individuals with developmental
				  disabilities; and be one of the following:
(2) A Registered Behavior Technician,
				  or
(3) A licensed psychiatric
				  technician, or
(4) A Qualified
				  Behavior Modification Professional.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 6 - Continuing Requirements › Section 89965 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80065,
					 84065 and
					 85065, the following shall
					 apply:
(a) The licensee shall ensure
				  that each direct care lead staff person meets the following qualifications:
(1) Have one year prior experience providing
				  direct care to individuals with developmental disabilities; and be one of the
				  following:
(A) Become a Registered Behavior
				  Technician within six months of initial employment, or
(B) Be a licensed psychiatric technician,
				  or
(C) Be a Qualified Behavior
				  Modification Professional.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 6 - Continuing Requirements › Section 89968.1 - Intake Admission Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to 84168.1 and 85068.1, the following shall
					 apply:
(a) The licensee shall conduct
				  and document an initial assessment of a client prior to admission to the
				  facility.
(1) For an Enhanced Behavioral
				  Supports Home licensed as an Adult Residential Facility, the initial assessment
				  shall be developed pursuant to Section
				  85068.2(b)(1)(G).
(2) For an Enhanced Behavioral Supports Home
				  licensed as a Group Home, the initial assessment shall be developed pursuant to
				  Section
				  1180.4
				  of the Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 6 - Continuing Requirements › Section 89968.2 - Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80068.2,
					 84068.2 and
					 85068.2, the following shall
					 apply:
(a) The facility administrator
				  is responsible for coordinating the development and subsequent updating of each
				  client's Individual Behavior Supports Plan.
(b) The licensee shall ensure each client's
				  Individual Behavior Support Plan include all the requirements established in
				  Title 17, Division 2, Chapter 3, Subchapter 24, Section
				  59054(d) and
				  (e).
(c) The licensee of an Enhanced Behavioral
				  Supports Home licensed as a Group Home shall develop an Individual Emergency
				  Intervention Plan for the client.
(1) The
				  Individual Emergency Intervention Plan shall be based on the initial assessment
				  as required in Section
				  89968.1(a)(2). In
				  the event that the provisions of the Individual Emergency Intervention Plan are
				  addressed in the Individual Behavior Supports Plan required by California Code
				  of Regulations, Title 17, Section
				  59054, the licensee shall not be
				  required to complete a separate or additional Individual Emergency Intervention
				  Plan for the client.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 6 - Continuing Requirements › Section 89970 - Client Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80070,
					 84070 and
					 85070, the following shall
					 apply:
(a) The licensee shall ensure
				  the client records include the following:
(1)
				  Medical assessment required in the California Code of Regulations, Title 17,
				  Section 59056(a)(1);
(2) Individual Behavioral Supports Plan,
				  updated as necessary;
(3)
				  Individual Emergency Intervention Plan, updated as necessary, unless the
				  Individual Behavioral Supports Plan meets the requirements of Section
				  89968.2(c)(1) or
				  (d)(1);
(4) Emergency contact information;
(5) Current Individual Program
				  Plan;
(6) Special incident reports,
				  pursuant to the California Code of Regulations, Title 17, Section
				  54327;
(7) Data collection, including progress
				  notes, professional/consultant visits, and interventions/outcomes;
				  and
(8) Record of medications
				  administered, including initials of staff providing
				  assistance.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 7 - Physical Environment › Section 89987 - Buildings and Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80087,
					 84087 and
					 85087, the following shall
					 apply:
(a) The licensee shall ensure
				  each client has his or her own private bedroom as required by the California
				  Code of Regulations, Title 17, Section
				  59051.
1. New
					 article 7 (section
					 89987) and section filed 2-9-2017
					 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
					 repealed by operation of law on the following day.
2. Certificate of
					 Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017
					 (Register 2017, No. 37).
Note: Authority cited: Sections
						1530
						and
						1567.68,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530
						and
						1531,
						Health and Safety Code; and Section
						4684.86,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 11 - Enhanced Behavioral Supports Homes › Article 10 - Emergency Interventions › Section 89990 - Provisions for Emergency Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Enhanced Behavioral Supports Home
				  licensed as an Adult Residential Facility shall be subject to the California
				  Code of Regulations Title 22, Chapter 6, Subchapter 1 unless otherwise
				  specified.
(b) An Enhanced
				  Behavioral Supports Home licensed as a Group Home shall not use manual
				  restraint on a client unless and until an Emergency Intervention Plan has been
				  developed by the licensee and approved by the Department pursuant to the
				  California Code of Regulations, Title 22, Chapter 5, Subchapter 3.
(c) If the Department determines that urgent
				  action is necessary to protect a client residing in an Enhanced Behavioral
				  Supports Home from physical or mental abuse, abandonment, or any other
				  substantial threat to their health and safety, the Department shall notify the
				  Department of Developmental Services in accordance with Health and Safety Code
				  section
				  1567.65.
1. New
					 article 10 (section
					 89990) and section filed 2-9-2017
					 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
					 repealed by operation of law on the following day.
2. Certificate of
					 Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017
					 (Register 2017, No. 37).
Note: Authority cited: Sections
						1530
						and
						1567.68,
						Health and Safety Code. Reference: Sections
						1180,
						1501,
						1531
						and
						1567.65,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90001 - Addition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Division 7, Chapter 1 (Sections
					 90001-90605, not consecutive)
					 filed 10-5-76 as an emergency; effective upon filing (Register 76, No.
					 41).
2. Repealer and new Division 7, Chapter 1 (Sections
					 90001-90905, not consecutive)
					 filed 11-9-76 as an emergency; effective upon filing (Register 76, No.
					 46).
3. Certificate of Compliance filed 3-8-77 (Register 77, No.
					 11).
4. Repealer filed 10-14-83; designated effective 10-17-83
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437,
						437.2,
						437.5,
						437.6,
						437.7,
						437.8,
						437.9,
						437.10,
						437.11,
						437.12,
						437.13,
						438,
						438.1,
						438.2,
						438.3,
						438.4,
						438.5,
						438.6,
						438.8,
						438.9,
						438.10,
						438.11,
						438.12,
						438.13,
						1250.1
						and
						1268,
						Health and Safety Code, and Sections
						11500 et seq., Government Code.
						Reference: Chapter 854, Statutes of
						1976.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90002 - Applicant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90003 - Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90005 - Adjacent. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90007 - Area Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Area agency" means an area health planning agency
					 designated by the Council.
1. New NOTE
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Section
						437.6,
						Health and Safety Code. Reference: Sections
						437.6,
						437.7,
						437.8,
						437.15,
						438.2,
						438.3,
						438.4,
						438.5,
						438.8,
						439.5
						and
						439.6,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90009 - Area Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Area Plan" means an area agency's plan found to be in
					 conformance by the Council.
1. Amendment
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Section
						437.6,
						Health and Safety Code. Reference: Section
						437.7,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90009.5 - Capital Expenditure Threshold. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-10-78; effective thirtieth day thereafter (Register 78, No.
					 15).
2. Repealer filed 10-14-83; designated effective 10-17-83
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437.10
						and
						438.6,
						Health and Safety Code. Reference: Sections
						437.10
						and
						438.6,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90010 - Cardiovascular Surgery Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-8-77; effective thirtieth day thereafter (Register 77, No.
					 37).
2. Repealer filed 10-14-83; designated effective 10-17-83
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90011 - Certified Cost Estimate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Certified cost estimate" means an estimate of the total
					 cost of a project certified by a qualified individual as specified in the
					 applicable Office form.
1. Amendment
					 of subsection (a)(3) filed 12-8-76 as an emergency; effective upon filing
					 (Register 76, No. 50).
2. Certificate of Compliance filed 3-8-77
					 (Register 77, No. 11).
3. Amendment filed 10-14-83; designated
					 effective 10-17-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Section
						437.6,
						Health and Safety Code. Reference: Sections
						437.10
						and
						437.11,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90013 - Certificate of Exemption. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90015 - Certificate of Need. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90017 - Community Need

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Community Need" means the facility health resources
					 required to serve a given service area as set forth in the Statewide Health
					 Facilities and Services Plan.
1. Amendment
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Section
						437.6,
						Health and Safety Code. Reference: Sections
						437.7
						and
						437.8,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90019 - Commencement of Construction. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90021 - Comparable Arrangement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Section
						437.6,
						Health and Safety Code. Reference: Section
						437.10,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90023 - Consumer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Consumer" means a person who is not a provider as defined
					 in Section
					 90051.
1. New NOTE
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Section
						437.6,
						Health and Safety Code. Reference: Sections
						437,
						437.7,
						438.10
						and
						439.7,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90025 - Council. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90027 - Days

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Days" means calendar days unless otherwise
					 specified.
1. New NOTE
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Section
						437.6,
						Health and Safety Code. Reference: Sections
						438.2
						and
						438.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 7 - Health Planning and Facility Construction › Chapter 1 - Health Planning and Resources Development › Article 1 - Definitions › Section 90029 - Department. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 6-30-78 as an emergency; designated effective at 11:59 p.m. on 6-30-78
					 (Register 78, No. 26).
2. Certificate of Compliance transmitted to
					 OAH 10-27-78; filed 10-31-78 (Register 78, No. 44).
3. Repealer
					 filed 10-14-83; designated effective 10-17-83 pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 83, No. 42).
Note: Authority cited: Sections
						208,
						437,
						437.2,
						437.5-
						437.13,
						438,
						438.1-
						438.6,
						438.8-
						438.13,
						1250.1,
						1268
						and
						1275,
						Health and Safety Code; Section
						11500 et seq., Government Code.
						Reference: Chapter 1252, Statutes of
						1977.