reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 6 - The FHA › Section 56086 - The FHA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The FHA
					 shall employ sufficient staff with the combined experience, training and
					 education to perform the following duties:
(1)
					 Administration of the FHA;
(2)
					 Recruitment of family homes;
(3)
					 Training of FHA staff and family homes;
(4) Ensuring an appropriate match between the
					 needs and preferences of the consumer and the family home;
(5) Monitoring of family homes;
(6) Provision of services and supports to
					 consumers and family homes which are consistent with the consumer's preferences
					 and needs and the consumer's IPP; and
(7) Coordination with the regional center and
					 members of the consumer's family and/or the consumer's authorized
					 representative, if applicable, as necessary to ensure consumer satisfaction and
					 the stability of the family home.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 7 - The Family Home › Section 56087 - Home Visit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prior to approval, the FHA shall visit each prospective family home to:
(1) Interview all adults who reside in the
					 home;
(2) Interview or see all
					 family members who reside in the home;
(3) Provide the prospective family home with
					 copies of these regulations and the Lanterman Developmental Disabilities
					 Services Act;
(4) Discuss the
					 content of Section
					 56088(b)(8)(A) through
					 (C) with the prospective family home
					 provider; and
(5) Discuss the
					 training specified in Sections
					 56083(c) and
					 56084(b)(6) and
					 (7); and
(6) Determine that the family home provides:
(A) A safe, clean, and pleasant living
					 environment;
(B) Age-appropriate
					 living space; and
(C)
					 Accommodations for ensuring safe and reasonable accessibility for entrance to,
					 movement within and exit from the family home.
(7) Determine, pursuant to subsections (a)(1)
					 through (6), that the prospective family home providers have the experience,
					 knowledge, cooperation, history and interest to become an approved family
					 home.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 7 - The Family Home › Section 56088 - Certificate of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 FHA shall issue a Certificate of Approval to each family home which has:
(1) Completed the criminal record review
					 required by Section
					 56085(a);
(2) Been visited by the FHA as required by
					 Section 56087(a);
					 and
(3) Met the criteria specified
					 in Section
					 56087(a)(6) and
					 (7).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 7 - The Family Home › Section 56089 - Prohibited Interventions and Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All behavior modification interventions
					 that cause pain or trauma, as specified in Title 17, Division 2, Chapter 1,
					 Subchapter 8, are prohibited.
(b)
					 Electroconvulsive therapy (ECT) as defined in Title 17, Division 2, Chapter 1,
					 Subchapter 8, Section
					 50801(j) is a
					 prohibited treatment procedure.
(c)
					 A consumer who resides in a family home shall be free from corporal or unusual
					 punishment, infliction of pain, humiliation, intimidation, ridicule, coercion,
					 threat, mental abuse, restraint or other actions of a punitive nature,
					 including, but not limited to: interference with the daily living functions,
					 including eating, sleeping, or toileting; or withholding of shelter, clothing,
					 medication or aids to physical functioning.
(d) A consumer who resides in a family home
					 shall not be placed in seclusion.
1. New
						section filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30).
						A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 11-14-95 as an emergency; operative
						11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted
						to OAL by 3-13-96 or emergency language will be repealed by operation of law on
						the following day.
3. Certificate of Compliance as to 7-24-95 order,
						including amendment of subsections (a) and (b), transmitted to OAL 1-8-96 and
						filed 2-22-96 (Register 96, No. 8).
4. New subsections (c)-(e) and
						amendment of NOTE filed 6-24-98 as an emergency; operative 6-24-98 (Register
						98, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-22-98
						or emergency language will be repealed by operation of law on the following
						day.
5. New subsections (c)-(e) and amendment of NOTE refiled
						10-22-98 as an emergency; operative 10-22-98 (Register 98, No. 43). A
						Certificate of Compliance must be transmitted to OAL by 2-19-99 or emergency
						language will be repealed by operation of law on the following
						day.
6. Certificate of Compliance as to 10-22-98 order, including
						repealer of subsection (e), transmitted to OAL 12-31-98 and filed 2-16-99
						(Register 99, No. 8).
Note: Authority cited: Section
						  4689.1,
						  Welfare and Institutions Code. Reference: Sections
						  4502
						  and
						  4689.1,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 8 - Referral for Service › Section 56090 - Referral for Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the consumer and the consumer's authorized representative, if applicable,
					 has expressed an interest in the services and supports provided by an FHA, the
					 regional center shall coordinate with the FHA for a meeting between the FHA,
					 the consumer and/or the consumer's authorized representative, if
					 applicable.
(b) Prior to the
					 meeting required in subsection (a), the regional center shall obtain the
					 consent of the consumer, or the consumer's authorized representative, if
					 applicable, to release information to the FHA which includes, but is not
					 limited to:
(1) The consumer current
					 Individual Program Plan (IPP);
(2)
					 A statement of the consumer's ambulatory or nonambulatory status as determined
					 by the consumer's ID Team;
(3) A
					 statement that the consumer does not require continuous skilled nursing
					 care;
(4) Known information
					 regarding the consumer's likes and dislikes, strengths and needs, interests and
					 activities;
(5) A medical history
					 which includes any identified medical and/or special care needs, including
					 special dietary requirements;
(6)
					 Any health and safety requirements which are specific to the needs of the
					 consumer;
(7) When the consumer has
					 an authorized representative, the authorized representative's name, address and
					 telephone number;
(8) When a
					 conservator has been appointed for the consumer, a statement that the regional
					 center has obtained the consent of the consumer's conservator, if the
					 conservator has been granted the legal authority to fix residence, for the
					 consumer to reside in a family home; and
(9) The name and telephone number of the
					 regional center service coordinator who is responsible for the implementation
					 of the consumer's IPP.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 9 - Consumer Funds and Property › Section 56091 - Consumer Funds and Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the family home provider has been appointed as the consumer's
					 representative payee for the consumer's Supplemental Security Income (SSI) and
					 State Supplemental Program (SSP) payment or the consumer has entrusted funds
					 and/or property to the care of the family home provider, the following shall
					 apply:
(1) A consumer's funds and property
					 shall be used only for the consumer's benefit;
(2) A consumer's funds and property shall be
					 free of any liability incurred by the FHA or the family home
					 provider;
(3) Consumer funds and/or
					 property shall be maintained separate and intact and shall not be commingled
					 with family home or FHA funds and/or property, or the funds and/or property of
					 other consumers; and
(4) Except for
					 that portion of the consumer's SSI/SSP benefit which is designated for the
					 consumer's room, board, care and supervision, the FHA or the family home
					 provider shall not make expenditures from consumers' funds for any services or
					 supports required by this Subchapter. Consumers' SSI/SSP benefits are also
					 deemed to include any income used to determine the SSI/SSP
					 payment.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 10 - Health-Related Services › Section 56092 - Health-Related Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 FHA and the family home shall provide, or arrange for, any health-related
					 services which are:
(1) Referenced in the
					 consumer's IPP and for which the FHA or the family home provider is
					 responsible; or
(2) Prescribed for
					 the consumer; or
(3) Needed by the
					 consumer.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 11 - Abuse and Special Incident Reporting › Section 56093 - Abuse and Special Incident Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The family home provider shall report any
					 occurrence or allegation of consumer abuse to the FHA and either the adult
					 protective services agency or the local law enforcement agency pursuant to
					 Welfare and Institutions Code Section
					 15630.
(1) In addition to (a), the family home
					 provider shall also report any occurrence or allegation of neglect or
					 exploitation to the FHA.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 12 - Termination of Residency › Section 56094 - Termination of Residency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The consumer may terminate residency at any time with or without cause.
(1) The family home provider shall notify the
					 FHA and the regional center when the consumer decides to terminate residency as
					 specified in subsection (a).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 13 - Monitoring and Sanctions › Section 56095 - Monitoring and Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The FHA's social service staff shall monitor family homes on at least a monthly
					 basis to ensure:
(1) Consistency between the
					 services and supports being provided by the family home and the services and
					 supports specified in the consumer's IPP;
(2) Consistency between the services and
					 supports being provided by the family home and the FHA's program
					 design;
(3) Consumer
					 satisfaction;
(4) Appropriateness
					 of the match between the needs of the consumer and the family home;
(5) Consumer health and safety; and
(6) Accountability of consumer funds and
					 property.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 14 - Appeals › Section 56096 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The FHA may
					 appeal the denial of an application for vendorization pursuant to Title 17,
					 Section 54380.
(b) The FHA may appeal sanctions imposed
					 pursuant to Section
					 56095(f)(1) through
					 (3) to the Director.
(c) The FHA shall file a written appeal with
					 the Director within 30 days after notification of the imposition of a
					 sanction.
(d) If the appeal is not
					 filed within the time specified in subsection (c), it shall be denied unless
					 good cause pursuant to Section
					 56098 is established for the late
					 submission.
(1) Good cause shall be
					 determined by the Director.
(2) If
					 good cause for late submission is established, the Director shall proceed to
					 decide the appeal in accordance with Section
					 56097(c).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 14 - Appeals › Section 56097 - Content of Appeal and Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The appeal filed pursuant to Section
					 56096(c) shall be
					 in writing and shall include, but not be limited to, the following:
(1) The appellant's:
(A) Name, business address, and telephone
					 number; and
(B) Vendor
					 identification number, service code and subcode, if
					 applicable.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 14 - Appeals › Section 56098 - Good Cause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 the purposes of Sections
					 56096(d) and
					 56097(b)(3)(A),
					 good cause for a failure to act includes but is not limited to:
(1) A violent act of nature, including, but
					 not limited to, flood, earthquake, blizzard or fire; and/or
(2) Arson, vandalism and/or theft of records
					 and/or property by individuals other than the appellant which preclude the
					 appellant from filing a timely appeal.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 14 - Appeals › Section 56099 - Review of Documents Only

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An appeal made pursuant to this Article
					 shall be decided only on the merits of the documents submitted.
(b) There shall not be oral testimony or
					 argument.
(c) Nothing in Sections
					 56096 through
					 56099 shall preclude the regional
					 center and the appellant from holding an informal conference at any time to
					 discuss or resolve the issues in dispute.
1. New
						section and form DS5407 filed 7-24-95 as an emergency; operative 7-24-95
						(Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL
						by 11-21-95 or emergency language will be repealed by operation of law on the
						following day.
2. New section and form DS5407 refiled 11-14-95 as an
						emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of
						Compliance must be transmitted to OAL by 3-13-96 or emergency language will be
						repealed by operation of law on the following day.
3. Certificate of
						Compliance as to 7-24-95 order transmitted to OAL 1-8-96 and filed 2-22-96
						(Register 96, No. 8).
Note: Authority cited: Section
						  4689.1,
						  Welfare and Institutions Code; Chapter 1095, Statutes of 1994, Section
						  14. Reference: Section
						  4689.1,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 1 - Definitions › Section 56100 - Meaning of Words

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A word or a phrase shall have its usual meaning unless
						the context or a definition clearly indicates a different meaning. Words and
						phrases used in their present tense include the future tense. Words and phrases
						in the singular form include the plural form. Use of the word "shall" denotes
						mandatory conduct. "May" denotes permissive conduct.
1. New
						subchapter 4.2 (articles 1-2), article 1 (sections
						56100-56101) and section filed
						6-29-98 as an emergency; operative 6-29-98 (Register 98, No. 27). A Certificate
						of Compliance must be transmitted to OAL by 10-27-98 or emergency language will
						be repealed by operation of law on the following day. For prior history of
						article 1 (sections
						56550-56609) see Register 91, No.
						14.
2. New subchapter 4.2 (articles 1-2), article 1 (sections
						56100-56101) and section refiled
						10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A
						Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-26-98 order, including
						amendment of subchapter heading, transmitted to OAL 12-31-98 and filed 2-17-99
						(Register 99, No. 8).
Note: Authority cited: Section
						  11152,
						  Government Code; and Section
						  4405,
						  Welfare and Institutions Code. Reference: Sections
						  4648.1
						  and
						  4742,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 2 - Monitoring › Section 56102 - State Developmental Centers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirements of Subchapter 4.2 shall not apply to
						State Developmental Centers.
1. New
						article 2 (sections
						56102-56104) and section filed
						6-29-98 as an emergency; operative 6-29-98 (Register 98, No. 27). A Certificate
						of Compliance must be transmitted to OAL by 10-27-98 or emergency language will
						be repealed by operation of law on the following day.
2. New article
						2 (sections
						56102-56104) and section refiled
						10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A
						Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 10-26-98 order, including
						renumbering of former section
						56102 to section
						56103 and new section
						56102, transmitted to OAL 12-31-98
						and filed 2-17-99 (Register 99, No. 8).
Note: Authority cited: Section
						  11152,
						  Government Code; and Section
						  4405,
						  Welfare and Institutions Code. Reference: Sections
						  4502
						  and
						  4742,
						  Welfare and Institutions Code; Section
						  1250,
						  Health and Safety Code; and Chapter 282, Statutes of 1997, Item 4300-101-0001,
						  Provision 8.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 2 - Monitoring › Section 56103 - Service Delivery Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The regional center representative shall meet with the consumer at least
					 quarterly to review the consumer's progress toward achieving his/her Lanterman
					 Act IPP objectives.
(1) At least two of the
					 quarterly meetings per year required by subsection (a) shall take place in the
					 ICF, ICF/DD, ICF/DD-H, ICF/DD-N or SNF and a facility representative shall be
					 present at these meetings.
(2)
					 Other quarterly meetings may take place at a location other than the ICF,
					 ICF/DD, ICF/DD-H, ICF/DD-N or SNF at a site acceptable to the
					 consumer.
(3) A maximum of two of
					 the quarterly meetings per year pursuant to subsection (a) may be conducted
					 during an unannounced visit pursuant to Welfare and Institutions Code Section
					 4648.1(a),
					 provided the requirement specified in subsection (b) is met.
(4) The regional center representative shall
					 provide advance notification to the facility, the consumer's authorized
					 representative, if any, and the consumer of the date and time of the meeting
					 required by subsection (a) if the meeting is to be announced.
(5) When the consumer's authorized
					 representative is unable to attend the meeting required by subsection (a), or
					 the meeting is unannounced pursuant to Welfare and Institutions Code 4648.1(a),
					 the regional center representative shall confer with the consumer's authorized
					 representative regarding the consumer's progress toward achieving his/her
					 Lanterman Act IPP objectives.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 2 - Monitoring › Section 56104 - Suspension of Placements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The regional center shall not place new consumers into an ICF, ICF/DD,
					 ICF/DD-H, ICF/DD-N or SNF when any of the following circumstances exist at the
					 facility:
(1) The ICF, ICF/DD, ICF/DD-H,
					 ICF/DD-N or SNF's license has been suspended;
(2) A revocation action against the ICF,
					 ICF/DD, ICF/DD-H, ICF/DD-N or SNF's license is pending or has been referred to
					 the Attorney General;
(3) The court
					 has been petitioned for a receiver, or a receiver has been appointed, for the
					 ICF, ICF/DD, ICF/DD-H, ICF/DD-N or SNF; or
(4) The Department of Health Care Services
					 has issued written notice to the ICF, ICF/DD, ICF/DD-H, ICF/DD-N or SNF that
					 the facility's certification for Medi-Cal funding will not be renewed or is
					 being suspended.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 2 - Monitoring › Section 56105 - Termination of Consumer(s) Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center shall have the
					 authority to relocate a consumer residing in an ICF, ICF/DD, ICF/DD-H, ICF/DD-N
					 or SNF when:
(1) The consumer or the
					 consumer's authorized representative asks for the consumer to be
					 moved.
(2) No other agency has
					 jurisdiction to act or an agency with jurisdiction is unable to do so in a
					 timely manner, and the regional center has determined that:
(A) The consumer is in immediate danger;
					 or
(B) The consumer's health or
					 safety would be compromised by continued residence in the ICF, ICF/DD,
					 ICF/DD-H, ICF/DD-N or SNF.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 2 - Monitoring › Section 56610 - Compliance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 1-14-91; operative 2-13-91 (Register 91, No.
						14).
Note: Authority cited: Section
						  4748,
						  Welfare and Institutions Code. Reference: Sections
						  4746
						  and
						  4748,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 3 - Delayed Egress Devices and Secured Perimeters › Section 56620 - Use of Delayed Egress Devices and Secured Perimeters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee of an ICF/DD for 15 or fewer consumers, or
						an ICF/DD-H, intending to use delayed egress devices of the time delay type in
						combination with secured perimeters shall comply with the requirements of
						Health and Safety Code Section
						1267.75
						in addition to state and federal statutes and regulations applicable to ICF/DDs
						or ICF/DD-Hs.
1. New
						article 3 (sections
						56620-56625) and section filed
						6-13-2013 as an emergency; operative 6-13-2013 (Register 2013, No. 24). A
						Certificate of Compliance must be transmitted to OAL by 12-10-2013 or emergency
						language will be repealed by operation of law on the following
						day.
2. New article 3 (sections
						56620-56625) and section refiled
						11-21-2013 as an emergency; operative 12-11-2013 (Register 2013, No. 47). A
						Certificate of Compliance must be transmitted to OAL by 3-11-2014 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 11-21-2013 order transmitted
						to OAL 1-28-2014 and filed 3-12-2014 (Register 2014, No.
						11).
Note: Authority cited: Section
						  1267.75,
						  Health and Safety Code. Reference: Section
						  1267.75,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 3 - Delayed Egress Devices and Secured Perimeters › Section 56622 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The use of delayed egress devices and secured perimeters shall not substitute
					 for adequate staff in sufficient numbers to meet the care and supervision needs
					 of all consumers, including additional staffing as determined to be necessary
					 by a consumer's planning team.
(b)
					 The licensee shall maintain one of the following documents in the consumer's
					 individual consumer file maintained by the facility:
(1) The written consent for placement
					 described in paragraph (1) of subdivision (b) of section
					 56624.
(2) A court order authorizing placement of
					 the consumer in a non-state-operated facility utilizing secured
					 perimeters.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 3 - Delayed Egress Devices and Secured Perimeters › Section 56624 - Admission and Continued Stay Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to moving a consumer to an ICF/DD
					 or ICF/DD-H utilizing secured perimeters, the regional center shall conduct a
					 comprehensive assessment and convene a planning team meeting to determine
					 whether the consumer lacks hazard awareness or impulse control and requires the
					 level of supervision afforded by a facility equipped with secured perimeters
					 and delayed egress devices. The planning team's determination shall be
					 documented in the client record.
(b) Prior to placement in a facility
					 utilizing secured perimeters and delayed egress devices, the regional center
					 shall obtain either a court order authorizing the placement or written consent
					 agreeing to the placement. These documents shall be provided to the residential
					 service provider and maintained in the regional center's records required by
					 Section 56060.
(1) The written consent shall be signed by:
(A) A non-conserved consumer, 18 or older,
					 or, as appropriate, the consumer's conservator or other person with legal
					 authority, or
(B) For a consumer
					 under 18 years of age, by the person having the legal authority to place the
					 consumer in the facility using secured perimeter.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 3 - Delayed Egress Devices and Secured Perimeters › Section 56625 - Statewide Limitation on the Number of Beds in Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each regional center shall provide
					 information to the statewide specialized resource service on the ICF/DDs and
					 ICF/DD/-Hs, including number of beds in each facility, approved for utilizing
					 secured perimeters in its catchment area.
(b) There shall be no more than 100 total
					 beds throughout the state in intermediate care facilities, as provided in
					 Section
					 1267.75
					 of the Health and Safety Code, and adult residential facilities and group
					 homes, as provided in Section
					 1531.15
					 of the Health and Safety Code, combined, utilizing secured perimeters in
					 combination with delayed egress devices. The Department of Developmental
					 Services may, after consulting with stakeholders, including regional centers
					 and consumer advocates, periodically adjust the total bed limit to address
					 unmet statewide needs.
(c) The
					 Department of Public Health shall not have any role in monitoring or enforcing
					 subdivisions (a) and (b).
(d) The
					 initial or updated statewide limit on beds in facilities utilizing secured
					 perimeters in combination with delayed egress devices, established pursuant to
					 subdivision (b), shall be posted on the Department of Developmental Services
					 Internet Web site, along with an updated list of the number of such beds that
					 have been authorized, by regional center catchment area.
1. New
						section filed 6-13-2013 as an emergency; operative 6-13-2013 (Register 2013,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 12-10-2013
						or emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 11-21-2013 as an emergency; operative
						12-11-2013 (Register 2013, No. 47). A Certificate of Compliance must be
						transmitted to OAL by 3-11-2014 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 11-21-2013 order transmitted to OAL 1-28-2014 and filed 3-12-2014
						(Register 2014, No. 11).
Note: Authority cited: Sections
						  1267.75
						  and
						  1531.15,
						  Health and Safety Code. Reference: Sections
						  1267.75
						  and
						  1531.15,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 1 - Definitions › Section 56702 - Terms Defined in Other Subchapters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this subchapter, the following
					 words and phrases have the meanings specified in section
					 54302 of these regulations;
(1) Activity Center
(2) Adult Day Programs
(3) Adult Development Center
(4) Authorized Consumer
					 Representative
(5) Behavior
					 Management Program
(6)
					 Community-based Day Programs
(7)
					 Community Integration
(8)
					 Consumer
(9) Days
(10) Department
(11) Direct Care Staff
(12) Direct Services
(13) Functional Skills
(14) Generic Agency
(15) Independent Living Program
(16) Individual Program Plan (IPP)
(17) In-home Respite Services
(18) Infant Development Program
(19) Interdisciplinary Team (ID
					 Team)
(20) Natural
					 Environment
(21) Program
					 Preparation Functions
(22) Regional
					 Center
(23) Self-Care
(24) Social Recreation Program
(25) Special Incident Report
(26) Staffing Ratio
(27) Vendor
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 1 - Definitions › Section 56704 - Additional Terms Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
					 used in this subchapter, the following words and phrases have the following
					 meanings:
(1) "Care Giver" means an adult,
					 other than a parent, who has primary responsibility for the care and custody of
					 a child. A care giver may be a relative, such as an aunt, uncle, or
					 grandparent, or an unrelated adult, such as a foster care parent;
(2) "Center-Based Environment" means within a
					 day care facility or on the grounds of such a facility;
(3) "Consumer Program Coordinator" means the
					 individual specified in Welfare and Institutions Code, section
					 4648(a)
					 who has the responsibility for, implementing, overseeing, and monitoring, the
					 consumer's IPP and for maintaining the consumer's case management or service
					 coordination file. Consumer program coordinator is synonymous with regional
					 center case manager, counselor or service coordinator;
(4) "Employment Training" means individually
					 planned activities and instruction which enable adults with developmental
					 disabilities to obtain and maintain paid work and which can occur in group or
					 individual situations. This term is synonymous with vocational
					 training;
(5) "Non-mobile Persons"
					 means persons who are confined to wheelchairs or gurneys, and who are unable to
					 move from one place to another place independently;
(6) "Personal Needs", means a condition or
					 situation pertaining to one s own intimate and immediate care, such as eating,
					 toileting, personal hygiene;
(7)
					 "Program Curriculum" means the array of consumer training services offered by a
					 vendor; and
(8) "Self-Help" means
					 those skills and abilities which are considered as normal developmental
					 milestones for non disabled children.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56710 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Community-based day program vendors shall adopt and review, annually, a written
					 internal grievance procedure for consumers pursuant to Welfare and Institutions
					 Code, Section
					 4705.
(b) A community-based day program vendor may
					 subcontract for provision of a portion of the direct service if both of the
					 following conditions are met:
(1) The unique
					 needs of the consumer(s) require an intermittent service for a portion of the
					 direct service day which can only be provided by a licensed professional not
					 available within the program staff; and
(2) Written approval of the regional center
					 is obtained.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56711 - Waiver of Service Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Regional centers, in negotiating service
					 contracts pursuant to Section
					 57540 or a lower level of payment
					 pursuant to 57300(d), may waive or modify any of the following program
					 standards for the duration of the service contract or lower level of payment:
(1) Personnel functions and qualifications
					 specified in Sections
					 56724(a), (b), (c) and
					 (e),
					 56754, and/or 56770;
(2) Staff training requirements specified in
					 Section 56726 and/or 56774;
					 and/or
(3) Program evaluation
					 requirements specified in Section
					 56732.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56712 - Program Design

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 program design shall include the following items:
(1) A program description which includes:
(A) The purpose and goals of
					 service;
(B) Anticipated consumer
					 outcomes resulting from participation in the program stated in measurable
					 terms;
(C) Program curriculum
					 pursuant to Section
					 56742 or
					 56764 of these
					 regulations;
(D) Description of the
					 location(s) in which consumer training occurs, such as a center-based
					 environment, the consumer's place of residence or a natural
					 environment;
(E) Consumer
					 attendance policy which includes the following:
1. The requirement for the vendor to notify
					 the regional center on or before a consumer's fifth consecutive day of
					 unplanned absence;
2. The
					 attendance requirements for consumers to remain enrolled in the program;
					 and
3. The efforts the program will
					 make to assure attendance at the program as frequently as determined necessary
					 by the ID Team.
(F)
					 Statement of the staffing ratio required pursuant to Section
					 56756 or
					 56772 of these
					 regulations;
(G) Schedule of the
					 vendor's direct service operating hours including a sample of a current weekly
					 schedule; and
(H) A staff training
					 plan, if developed pursuant to Sections
					 56726 and
					 56774 of these regulations, if
					 applicable.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56714 - Vendor Entrance and Exit Criteria for Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendor shall have written entrance
					 and exit criteria that shall be used by a consumer's ID Team to determine the
					 appropriateness of the vendor's program for meeting the objective(s) of an
					 individual consumer's IPP. The criteria shall include all of the following:
(1) Ages of consumers to be served;
(2) Any other prerequisites required for
					 participation in the program; and
(3) The level of skills and ability
					 development which would indicate that placement in the vendor's program may no
					 longer meet the consumer's needs.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56716 - Consumer Placement Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Interdisciplinary Teams shall identify
					 community-based day programs which can meet the objectives of the consumer's
					 IPP developed pursuant to Welfare and Institutions Code, section
					 4646.5
					 and which are located as close to the consumer's residence as possible as
					 required by Welfare and Institutions Code, section
					 4501.
(b) Placement in a program shall occur
					 providing all of the following conditions exist:
(1) The consumer or authorized consumer
					 representative consents to the placement;
(2) The regional center concurs that the
					 placement is appropriate;
(3) The
					 consumer's needs can be met within the staffing ratio approved for the program
					 pursuant to section
					 56756 or
					 56772 of these
					 regulations;
(4) The consumer meets
					 the vendor's entrance, criteria; and
(5) The vendor agrees to the consumer's
					 placement in the program.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56718 - Consumer Placement and Funding Termination Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Funding of a consumer's placement in a
					 vendor's program shall be terminated when one or more of the following occur:
(1) The regional center issues a written
					 determination stating that continued participation jeopardized the consumer's
					 health and safety;
(2) The consumer
					 or authorized consumer representative makes a written or oral request to the
					 regional center to discontinue participation or the consumer can no longer
					 attend the program due to an unanticipated change in residence;
(3) The ID Team has determined through a
					 consumer evaluation that the vendor's program no longer meets the consumer's
					 needs;
(4) The vendor determines
					 that its program may no longer meet the consumer's needs; or
(5) The consumer, or authorized consumer
					 representative acting on behalf of the consumer, consents to an alternate
					 placement identified by the ID Team as being able to meet the consumer's needs
					 and as being more cost effective. The alternate placement shall be considered
					 more cost effective if the combined cost of the alternate placement and the
					 cost of transporting the consumer to and from the alternate placement is less
					 than the combined cost of the consumer's current placement and the cost of
					 transporting the consumer to and from the current
					 placement.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56720 - Consumer IPP Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The vendor shall be responsible for
					 establishing, maintaining, and modifying, as necessary, documentation regarding
					 the manner in which it will assist each consumer served in achieving his/her
					 IPP objective(s) for which the vendor is responsible.
(b) The following time lines shall be
					 followed in establishing, maintaining, and modifying the documentation required
					 in (a) above.
(1) The regional center shall
					 provide the vendor a written copy of the consumer's IPP within 30 days
					 following:
(A) The consumer's admission to the
					 vendor's program; and
(B) Any
					 modification made by the ID Team to the consumer's IPP.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 5 - Standards for Nonresidential Services › Article 2 - Standards for All Community-Based Day Programs › Section 56722 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each vendor shall maintain current written job descriptions, or interagency
					 agreements with the generic agency providing the staff, for all personnel,
					 including staff whose wages are not paid by regional center purchase of service
					 funds.
(b) Each job description
					 shall include:
(1) Position title;
(2) Role and responsibility of the position
					 within the organizational structure of the program;
(3) Duty statement;
(4) Work hours;
(5) Minimum qualifications
(6) Positions supervised, if applicable;
					 and
(7) Reporting
					 supervisor.