reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2 - Monthly Parental Fee › Article 5 - Determining Required Levels of Payment › Section 50233 - Major Unusual Expense Allowance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department of Developmental Services may allow claims
						for major unusual expenses which limit ability to pay and which will create
						hardship if a required payment should be imposed. Any qualified allowance shall
						be applied as an adjustment to reduce the gross family income used to determine
						parents' ability and level of payment. In determining what constitutes a major
						unusual expense, the Department of Developmental Services shall include for
						consideration, but not be limited to, the following factors:
1. Expenditures which consume a substantial
					 portion of Gross Family Income;
2.
					 An expenditure over which parents have no control, e.g., natural disaster,
					 catastrophic uninsured casualty loss, death of an immediate family member,
					 extreme medical expense.
Hardship, in this sense, implies that the result of
						imposing the monthly parental fee, would be privation or lack of what is needed
						for basic family necessities, food, shelter, clothing, medical care, etc., not
						merely a reduction of the family's standard of living.
1. New
						section filed 2-9-84; designated effective 2-17-84 pursuant to Government Code
						Section
						11346.2(d)
						(Register 84, No. 6).
2. Amendment filed 8-16-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 33).
Note: Authority cited: Sections
						  4409
						  and
						  4631,
						  Welfare and Institutions Code. Reference: Sections
						  4677,
						  4748,
						  4782
						  and
						  4784,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2 - Monthly Parental Fee › Article 5 - Determining Required Levels of Payment › Section 50235 - Transportation Expense Allowance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Reasonable transportation expenses incurred by parents to
						visit a child with developmental disability in any placement facility may be
						claimed as client related expenditures and applied as an adjustment to reduce
						gross family income.
1.
						Editorial correction of NOTE filed 2-9-84 (Register 84, No. 6).
2.
						Amendment of NOTE filed 8-16-85; effective upon filing pursuant to Government
						Code Section
						11346.2(d)
						(Register 85, No. 33).
Note: Authority cited: Sections
						  4409
						  and
						  4631,
						  Welfare and Institutions Code. Reference: Sections
						  4677,
						  4782
						  and
						  4784,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2 - Monthly Parental Fee › Article 5 - Determining Required Levels of Payment › Section 50237 - Substantiation of Determination Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department of Developmental Services may require
						substantiation of information set forth in the Family Financial Statement.
						Substantiation may be in the form of State and Federal Income Tax Returns, W-2
						Forms, payroll stubs, and copies of bills, receipts, or cancelled checks.
						Parents may be required to sign release of information forms for employment
						and/or income verification.
1.
						Editorial correction of NOTE filed 2-9-84 (Register 84, No. 6).
2.
						Repealer and new section filed 8-16-85; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 85, No. 33).
3. Change without regulatory effect (Register
						86, No. 33).
Note: Authority cited: Sections
						  4409
						  and
						  4631,
						  Welfare and Institutions Code. Reference: Sections
						  4677,
						  4782
						  and
						  4784,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2 - Monthly Parental Fee › Article 5 - Determining Required Levels of Payment › Section 50239 - Termination of Required Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Assessment of required payments shall be terminated at
						the end of the month in which a child with developmental disabilities receiving
						services becomes 18 years of age. When services terminate because of the
						client's death or discharge, the monthly parental fee will be terminated as of
						the last day of the month proceeding the month of death or discharge.
Provided however, that parental fees previously assessed
						and still unpaid at time of termination of the monthly parental fee shall
						continue to be billed until paid in full or adjusted.
1.
						Editorial correction of NOTE filed 2-9-84 (Register 84, No. 6).
2.
						Amendment of NOTE filed 8-16-85; effective upon filing pursuant to Government
						Code Section
						11346.2(d)
						(Register 85, No. 33).
Note: Authority cited: Sections
						  4409
						  and
						  4631,
						  Welfare and Institutions Code. Reference Sections
						  4677,
						  4782
						  and
						  4784,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2 - Monthly Parental Fee › Article 5 - Determining Required Levels of Payment › Section 50241 - Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parents who are dissatisfied with the decision as to the
						determination of ability to pay and/or the amount of parental fee may, within
						30 days of receipt of the parental fee confirmation letter, request an appeal
						of the determination or the amount of the fee. The appeal must be in writing
						and addressed to the Director of Developmental Services, and must state the
						reason(s) for the appeal. The Department of Developmental Services will send a
						copy of the appeal to the appropriate regional center director within five days
						of its receipt.
Parents may discontinue making payments of the assessed
						fee pending notification of the appeal results. Provided however, that if
						parents fail or refuse to provide the Department pertinent financial
						information within 60 days of the request for an appeal, the appeal shall be
						deemed withdrawn and collection activities shall be resumed.
The Director or designee shall, within 30 days after
						receipt of all pertinent financial information requested by the Department,
						review the appeal and provide written notice of the decision to the appellant
						and the appropriate regional center.
All decisions regarding parental fee appeals may be made
						retroactive to the date the appealed fee was established.
1.
						Editorial correction of NOTE filed 2-9-84 (Register 84, No. 6).
2.
						Amendment filed 8-16-85; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 85, No. 33).
Note: Authority cited: Sections
						  4409,
						  4501
						  and
						  4631,
						  Welfare and Institutions Code. Reference: Sections
						  4512,
						  4620,
						  4648(b),
						  4677,
						  4782
						  and
						  4784,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 1 - General › Section 50243 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations implement and make specific the
						provisions of Section
						4783
						of the Welfare and Institutions Code related to the Family Cost Participation
						Program.
1. New
						subchapter 2.5 (articles 1-4), article 1 (section
						50243) and section filed
						12-31-2004 as an emergency; operative 1-1-2005 (Register 2004, No. 53). A
						Certificate of Compliance must be transmitted to OAL by 5-2-2005 or emergency
						language will be repealed by operation of law on the following
						day.
2. New chapter 2.5 (articles 1-4), article 1 (section
						50243) and section refiled
						5-2-2005 as an emergency; operative 5-4-2005 (Register 2005, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 9-1-2005 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 5-2-2005 order transmitted
						to OAL 6-9-2005 and filed 7-22-2005 (Register 2005, No.
						29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Section
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 2 - Definitions › Section 50245 - Developmental Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of these regulations, the term
						"developmental disability" shall have the same meaning as provided in Section
						4512
						of the Welfare and Institutions Code.
1. New
						article 2 (sections
						50245-50253) and section filed
						12-31-2004 as an emergency; operative 1-1-2005 (Register 2004, No. 53). A
						Certificate of Compliance must be transmitted to OAL by 5-2-2005 or emergency
						language will be repealed by operation of law on the following
						day.
2. New article 2 (sections
						50245-50253) and section refiled
						5-2-2005 as an emergency; operative 5-4-2005 (Register 2005, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 9-1-2005 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 5-2-2005 order transmitted
						to OAL 6-9-2005 and filed 7-22-2005 (Register 2005, No.
						29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Sections
						  4512
						  and
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 2 - Definitions › Section 50247 - Medi-Cal Eligible Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Medi-Cal eligible includes consumers who are
						institutionally deemed. The term "institutionally deemed" means that the income
						and resources of a parent are not deemed to the consumer, therefore making the
						consumer eligible for Medi-Cal if all other Medi-Cal eligibility criteria are
						met.
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order transmitted to OAL 6-9-2005 and filed 7-22-2005 (Register
						2005, No. 29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Section
						  1915(c)(3),
						  Social Security Act; and Section
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 2 - Definitions › Section 50249 - Family Cost Participation Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Family Cost Participation Schedule means the official
						table developed by the Department of Developmental Services and used by the
						regional centers to determine the amount of family cost participation. This
						table is reflective of the Federal Poverty Guidelines as adjusted for family
						size and scaled by income levels and establishes the lowest family cost
						participation at five percent (5%). The Department of Developmental Services
						shall adjust this schedule consistent with changes in the Federal Poverty
						Guidelines but not more often than once each calendar year.
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order transmitted to OAL 6-9-2005 and filed 7-22-2005 (Register
						2005, No. 29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Section
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 2 - Definitions › Section 50251 - Gross Annual Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Gross annual income is the income of the parents as
						reported on their latest California State or Federal Income Tax return and
						includes any money or benefit acquired, earned, or received as payment for
						labor or services, support, or return on investments. Income from the operation
						of a business or from self-employment is the net income after deducting
						business expenses. Depreciation, amortization, and depletion shall not be
						allowed as business expense deductions. The regional center executive director
						may determine appropriate documentation necessary for family cost participation
						consistent with Section
						4783(g)(2).
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order transmitted to OAL 6-9-2005 and filed 7-22-2005 (Register
						2005, No. 29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Section
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 2 - Definitions › Section 50253 - Persons Living in the Family Home

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person living in the family home is any
					 person who depends on the gross annual income of the parents for more than
					 one-half of his/her support.
(b) In
					 the case of divorce, legal separation, or established paternity where income
					 from both parents is used, all persons who depend on the gross annual income of
					 the parents for more than one-half of his/her support shall be considered
					 persons living in the family home.
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order, including amendment of section, transmitted to OAL
						6-9-2005 and filed 7-22-2005 (Register 2005, No.
						29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Section
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 3 - Administrative Provisions › Section 50255 - Parent Responsible for Cost Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The parents of a child who meet the
					 definition under Section
					 4783(a)(1)
					 of the Welfare and Institutions Code shall be jointly and severally responsible
					 for the assessed amount of family cost participation. However, in the case of a
					 divorce, legal separation, or established paternity, the family cost
					 participation assessment shall be computed on the gross annual income of both
					 parents unless inconsistent with a court order stating otherwise.
(b) In the event that a custodial parent
					 certifies in writing that income information from the non-custodial parent
					 cannot be obtained by the custodial parent, then only the income of the
					 custodial parent may be used to determine the cost participation.
(c) This program shall not exempt parents
					 from responsibilities for day care pursuant to Section
					 4685(c)(6)
					 of the Welfare and Institutions Code.
1. New
						article 3 (sections
						50255-50257) and section filed
						12-31-2004 as an emergency; operative 1-1-2005 (Register 2004, No. 53). A
						Certificate of Compliance must be transmitted to OAL by 5-2-2005 or emergency
						language will be repealed by operation of law on the following
						day.
2. New article 3 (sections
						50255-50257) and section refiled
						5-2-2005 as an emergency; operative 5-4-2005 (Register 2005, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 9-1-2005 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 5-2-2005 order, including
						new subsection (b) and subsection relettering, transmitted to OAL 6-9-2005 and
						filed 7-22-2005 (Register 2005, No. 29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Sections
						  4685(c)(6)
						  and
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 3 - Administrative Provisions › Section 50257 - Program Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department of Developmental Services
					 shall develop a pamphlet describing the Family Cost Participation Program.
					 Regional centers shall provide the pamphlet to the parents of children, ages 3
					 through 17 years, during initial intake and assessment and at all subsequent
					 IPP review meetings where changes occur to day care, camping, or respite
					 services.
(b) Regional centers
					 shall use all forms and documents developed by the Department of Developmental
					 Services to administer the Family Cost Participation Program.
(c) Regional centers are responsible for
					 funding their authorized share of services without regard to the family's cost
					 participation assessment.
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order transmitted to OAL 6-9-2005 and filed 7-22-2005 (Register
						2005, No. 29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Sections
						  4685(c)(6)
						  and
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 4 - Assessment of the Family Cost Participation › Section 50259 - Assessment of the Family Cost Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The amount of the family cost
					 participation shall not impact any services other than those identified in
					 Section
					 4783(c)
					 of the Welfare and Institutions Code.
(b) Reductions in the assessed amount
					 pursuant to Section
					 4783(d)(1)(2)(3)
					 and (4) of the Welfare and Institutions Code,
					 because of multiple minor children receiving services, shall only be applied to
					 the Family Cost Participation Program assessment, and shall not reduce the fees
					 for consumers in 24-hour out-of-home placements as determined pursuant to
					 Sections
					 4677,
					 4782,
					 and
					 4784
					 of the Welfare and Institutions Code.
1. New
						article 4 (sections
						50259-50267) and section filed
						12-31-2004 as an emergency; operative 1-1-2005 (Register 2004, No. 53). A
						Certificate of Compliance must be transmitted to OAL by 5-2-2005 or emergency
						language will be repealed by operation of law on the following
						day.
2. New article 4 (sections
						50259-50267) and section refiled
						5-2-2005 as an emergency; operative 5-4-2005 (Register 2005, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 9-1-2005 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 5-2-2005 order transmitted
						to OAL 6-9-2005 and filed 7-22-2005 (Register 2005, No.
						29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Sections
						  4677,
						  4782,
						  4783
						  and
						  4784,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 4 - Assessment of the Family Cost Participation › Section 50261 - Maximum Family Cost Participation Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each parent shall provide the regional
					 center with his or her proof of gross annual income pursuant to Section
					 4783(g)(2)
					 and (i) of the Welfare and Institutions Code,
					 within ten (10) working days from the date of the parents' signatures on the
					 Individual Program Plan. The regional center may grant a ten (10) working day
					 extension to provide documentation, if parents have acted in good faith. In no
					 event shall more than one ten (10) working day extension be granted. Failure to
					 provide the information will result in the regional center setting the cost
					 participation at the maximum amount, pursuant to Section
					 4783(g)(4)
					 of the Welfare and Institutions Code.
(b) The Individual Program Plan signature
					 page shall include a statement indicating that the regional center shall fund
					 respite, day care, and camping services consistent with the Family Cost
					 Participation Program, if applicable.
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order, including amendment of subsection (a), transmitted to OAL
						6-9-2005 and filed 7-22-2005 (Register 2005, No.
						29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Section
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 4 - Assessment of the Family Cost Participation › Section 50262 - Confidentiality and Retention of Income Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any documentation submitted pursuant to
					 Sections 50261,
					 50265, or
					 50267 shall be considered records
					 obtained in the course of providing intake, assessment, and services and shall
					 be confidential pursuant to Section
					 4514
					 of the Welfare and Institutions Code.
(b) Any documentation submitted pursuant to
					 Sections 50261,
					 50265, or
					 50267, any documents relied on by
					 the executive director pursuant to 50265, and correspondence from the regional
					 center, shall be retained by the regional center for 3 years.
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order transmitted to OAL 6-9-2005 and filed 7-22-2005 (Register
						2005, No. 29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Sections
						  4514
						  and
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 4 - Assessment of the Family Cost Participation › Section 50263 - Waiver Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parents whose child is Institutionally Deemed Medi-Cal
						eligible shall be exempt from the Family Cost Participation Program for that
						child.
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order transmitted to OAL 6-9-2005 and filed 7-22-2005 (Register
						2005, No. 29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Section
						  1915(c)(3),
						  Social Security Act; and Section
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 4 - Assessment of the Family Cost Participation › Section 50265 - Adjustment by Regional Center Executive Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Adjustment to the assessed amount of the
					 family cost participation may be made by the regional center executive director
					 for a substantiated unavoidable and uninsured catastrophic loss that would
					 temporarily limit the ability of the parents to pay and create a direct
					 economic impact if the amount of the family cost participation were not
					 reduced. Unavoidable and uninsured catastrophic losses may include, but are not
					 limited to, natural disasters, an accident or major injuries to an immediate
					 family member, or extraordinary medical expenses. The executive director may
					 also make an adjustment for significant unreimbursed medical costs associated
					 with the care for a child who is a regional center consumer.
(b) Direct economic impact means that the
					 result of not granting the adjustment would deprive the family of what is
					 needed for basic family necessities, including but not limited to, food,
					 shelter, clothing, or medical care. A direct economic impact is a substantial
					 change that impacts more than just the family's standard of living.
(c) Adjustments made pursuant to this Section
					 shall be calculated by deducting the documented non-reimbursed dollar cost of
					 the direct economic impact request from the gross annual income, and then
					 re-assessing the amount of family cost participation by applying the Family
					 Cost Participation Schedule against the reduced income amount.
(d) Family cost participation assessments
					 that have been adjusted as a result of the regional center executive director
					 granting an adjustment shall be re-determined at least annually.
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order, including amendment of subsection (a), transmitted to OAL
						6-9-2005 and filed 7-22-2005 (Register 2005, No.
						29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Section
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 2.5 - Family Cost Participation › Article 4 - Assessment of the Family Cost Participation › Section 50267 - Assessment and Reassessment of Cost Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The original amount of the family cost
					 participation shall be assessed upon completion of the initial Individual
					 Program Plan and reassessed every third year thereafter to coincide with the
					 review of the consumer's Individual Program Plan, pursuant to Section
					 4646(b)
					 of the Welfare and Institutions Code.
(b) Family cost participation assessments may
					 be reduced or increased if there is an ongoing reduction or increase in the
					 gross annual income upon which the amount of the family cost participation was
					 determined, or a reduction or increase in the amount of services provided to
					 the consumer pursuant to a change in the Individual Program Plan, or a change
					 in family size.
1. New
						section filed 12-31-2004 as an emergency; operative 1-1-2005 (Register 2004,
						No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2005 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-2-2005 as an emergency; operative
						5-4-2005 (Register 2005, No. 18). A Certificate of Compliance must be
						transmitted to OAL by 9-1-2005 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 5-2-2005 order transmitted to OAL 6-9-2005 and filed 7-22-2005 (Register
						2005, No. 29).
Note: Authority cited: Section
						  4783,
						  Welfare and Institutions Code. Reference: Sections
						  4646(b)
						  and
						  4783,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 3 - Department of Developmental Services-Conflict of Interest Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
NOTE:
The adopting agency has requested its
				  conflict-of-interest code be incorporated by reference into the CCR. The full
				  text of the regulations is available to the public for review or purchase at
				  cost at the following locations:
DEPARTMENT OF DEVELOPMENTAL SERVICES
1215 O STREET M.S. 10-50
SACRAMENTO, CA 95814
SECRETARY OF STATE (ARCHIVES)
1020 O STREET
SACRAMENTO, CA 95814
FAIR POLITICAL PRACTICES COMMISSION
1102 Q STREET, SUITE 3000
SACRAMENTO, CA 95811
The Conflict of Interest Code is designated as Subchapter 3,
				  Chapter 1 of Division 2 of Title 17 of the California Code of Regulations, and
				  consists of sections numbered and titled as follows:
Subchapter 3. Department of Developmental Services--
				  Conflict of Interest Code
Section
50300.
General Provisions
Appendix
1. Editorial
				  renumbering of former chapter 8 (section
				  59100) to chapter 1, subchapter 3
				  (section 50300) filed 9-28-83 (Register 83,
				  No. 40). For prior history, see Registers 81, No. 9; and 79, No.
				  13.
2. Editorial correction of printing error (Register 84, No.
				  5).
3. Amendment of section and Appendix filed 2-10-93; operative
				  2-10-93. Approved by Fair Political Practices Commission 1-15-93 (Register 93,
				  No. 7).
4. Change without regulatory effect amending addresses for
				  the agency and the Fair Political Practices Commission filed 7-15-97 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 29).
5. Amendment of General
				  Provisions and Appendix filed 12-2-2003; operative 1-1-2004. Approved by Fair
				  Political Practices Commission 9-18-2003 (Register 2003, No. 49).
6.
				  Amendment filed 11-10-2010; operative 12-10-2010. Approved by Fair Political
				  Practices Commission 9-1-2010 (Register 2010, No. 46).
7. Change
				  without regulatory effect amending NOTE and agency addresses filed 7-1-2021
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 27).
Note: Authority cited: Sections
					 87300 and
					 87304,
					 Government Code. Reference: Sections
					 87300, et seq., Government
					 Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 4 - Rules for Conducting Research › Article 2 - Rules for the Conduct of Research › Section 50403 - Scope of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 These regulations apply to all research conducted by or at state hospitals,
					 regional centers, or by other persons or at places subject to Section
					 4514
					 of the Welfare and Institutions Code, whenever the researcher requests access
					 to information or records which are confidential under Section
					 4514(e)
					 of the Welfare and Institutions Code.
(b) Research involving the collection or
					 study or existing data, statistical information, documents, records, or
					 pathological or diagnostic specimens is exempted from these regulations if:
(1) such information is publicly available,
					 or if
(2) the information provided
					 to the investigator is in such a form that human subjects cannot be identified
					 either directly or through identifiers linked to the human
					 subjects.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 4 - Rules for Conducting Research › Article 2 - Rules for the Conduct of Research › Section 50405 - Institutional Review Boards (IRBs)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An IRB shall review all research
					 protocols pertaining to research involving human subjects who are served by
					 state hospitals or regional centers.
(b) Each state hospital shall establish an
					 IRB to review and approve or disapprove research protocols and to assure that
					 the protocols meet the requirements of this subchapter.
(c) Each regional center may establish an IRB
					 and procedures to review and approve or disapprove research protocols and to
					 assure that such protocols meet the requirements of Section
					 4514
					 of the Welfare and Institutions Code. The regional center's IRB shall review
					 and approve or disapprove the research protocols that involve their clients
					 except those residing in a state hospital in accordance with the procedures
					 established by the regional center pursuant to this section.
(d) If a regional center does not choose to
					 establish an IRB, the regional center shall submit the research protocol
					 directly to the Department. The Department shall create or designate the IRB
					 that shall review and approve or disapprove the research protocol, pursuant to
					 Sections 50407 through
					 50429.
1. New
						section filed 1-22-87; effective thirtieth day thereafter (Register 87, No.
						4).
2. Amendment of section filed as an emergency 6-17-93; operative
						6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722,
						Statutes of 1992) Section
						147(a) (Register
						93, No. 26).
3. Certificate of Compliance as to 6-17-93 order
						transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No.
						31).
Note: Authority cited: Chapter 722, Statutes of 1992,
						  Section 147; Sections
						  4514(e),
						  4791(i)
						  and
						  5328(e),
						  Welfare and Institutions Code. Reference: Sections
						  4514(e),
						  4791
						  and
						  5328(e),
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 4 - Rules for Conducting Research › Article 2 - Rules for the Conduct of Research › Section 50407 - Review Structure for Research Protocol

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before any research involving human
					 subjects may be conducted at state hospitals, the research protocol shall be
					 reviewed and approved by the following entities:
(1) the IRB responsible for reviewing
					 research for the particular persons who will be the subjects of the
					 research;
(2) the Executive
					 Director of the state hospital with which the IRB is affiliated; and
(3) the State IRB if required by federal laws
					 or regulations.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 4 - Rules for Conducting Research › Article 2 - Rules for the Conduct of Research › Section 50409 - Continuing Review of Research Activities at State Hospitals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The IRB shall
					 conduct continuing review of approved research at intervals appropriate to the
					 degree of risk involved in the research but not less than annually.
(b) At any time the Executive Director of the
					 state hospital or the IRB shall have authority to revoke approval of the
					 research if it is determined that any of the following occur:
(1) The research as conducted involves
					 greater risks to the human subjects than had been anticipated when the protocol
					 was approved;
(2) There is a
					 subsequently discovered violation of clients' rights;
(3) There is a violation of the oath of
					 confidentiality by the researcher or his or her agents; or
(4) The protocol is not being applied as
					 approved.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 4 - Rules for Conducting Research › Article 2 - Rules for the Conduct of Research › Section 50411 - Composition of the IRB at State Hospitals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each state hospital IRB shall have at
					 least five members, including:
(1) Persons
					 with varying educational and professional backgrounds sufficient to ensure a
					 complete and adequate review of research activities commonly conducted by or at
					 the facility;
(2) Persons with
					 sufficient expertise and experience to promote respect for their advice and
					 counsel in safeguarding the rights and welfare of human subjects;
(3) Persons possessing both the professional
					 competence to review specific research activities and the ability to ascertain
					 the acceptability of proposed research in terms of facility commitments and
					 regulations, applicable law, and standards of professional conduct and
					 practice;
(4) Both men and women
					 with diversity of backgrounds, racial, and cultural characteristics, and with
					 sensitivity to community attitudes;
(5) at least one member whose primary
					 concerns are in nonscientific areas and who are concerned with the rights or
					 persons with developmental disabilities; for example, a lawyer, a member of the
					 clergy, a clients' rights advocate; and
(6) at least one member who is not affiliated
					 with the facility and who is not part of the immediate family of a person who
					 is affiliated with the facility.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 4 - Rules for Conducting Research › Article 2 - Rules for the Conduct of Research › Section 50415 - Responsibilities of the IRB at State Hospitals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The IRB shall make available a copy of
					 the regulations in this subchapter to any person inquiring about doing research
					 covered by this subchapter.
(b) The
					 IRB shall meet and review all written research protocols within 31 days of
					 receipt.
(c) The IRB shall review
					 the written research protocol and make a determination as to whether or not the
					 research is exempt from these regulations as specified in 50403(d).
(d) The IRB may request from the researcher
					 any additional information necessary to complete its review, and may require
					 modifications in the research activity or protocol before approval may be
					 granted.
(e) The IRB shall approve,
					 disapprove or defer the research protocol in writing, giving reasons for the
					 disapproval or deferment and any requested modifications, within 31 days of its
					 review meeting.
(f) The IRB shall
					 give the researcher the opportunity to respond to these comments in writing or
					 in person and shall re-review protocols which have been modified at the IRB's
					 request. The IRB shall review resubmitted research protocols within 31 days of
					 resubmission.
(g) The IRB shall
					 prepare and maintain adequate documentation of IRB activities, including
(1) copies of all submitted protocols,
					 consent documents and other attachments;
(2) minutes of meetings including persons
					 present and a summary of decisions and actions taken;
(3) records of continuing review
					 activities;
(4) names, occupations,
					 earned degrees, licenses, certifications and other pertinent information about
					 members' qualifications; and
(5)
					 changes in committee membership.
The IRB shall submit copies of meeting minutes, reports
						of continuing review activities, members' qualifications and changes in
						membership to the State IRB on an ongoing basis.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 4 - Rules for Conducting Research › Article 2 - Rules for the Conduct of Research › Section 50417 - Criteria for State Hospital IRB Approval of Research Protocols

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to approve research covered by these regulations
						the IRB shall determine that all of the following requirements are
						satisfied:
(a) Risks to human subjects
					 are minimized by using procedures, when possible, which are:
(1) Consistent with sound research design and
					 which do not unnecessarily expose subjects to risk; and
(2) Already being performed on the subjects
					 for diagnostic or treatment purposes.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 4 - Rules for Conducting Research › Article 2 - Rules for the Conduct of Research › Section 50419 - Appealing an IRB Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any researcher may appeal an unfavorable decision of an
						IRB to the State IRB in writing within 31 days of the date of the written
						notice of disapproval.
1. New
						section filed 1-22-87; effective thirtieth day thereafter (Register 87, No.
						4).
Note: Authority cited: Sections
						  4514(e)
						  and
						  5328(e),
						  Welfare and Institutions Code. Reference: Sections
						  4514(e)
						  and
						  5328(e),
						  Welfare and Institutions Code.