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 3 - Regional Center Administrative Practices and Procedures › Article 1 - Regional Center Conflict of Interest Standards and Procedures › Section 54527 - Financial Interests in Decisions Creating a Conflict of Interest for Employees, Contractors, Agents or Consultants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A regional center employee, contractor,
					 agent or consultant shall not make, participate in making, or in any way
					 attempt to use his or her position to influence a regional center decision in
					 which he or she knows or has reason to know that he or she, or his or her
					 family member, has a financial interest.
(b) Financial interest, as used in this
					 section, includes any current or contingent ownership, equity, or security
					 interest that could result directly or indirectly in receiving a pecuniary gain
					 or sustaining a pecuniary loss as a result of the interest in any of the
					 following:
(1) business entity worth two
					 thousand dollars ($2,000) or more.
(2) real or personal property worth two
					 thousand dollars ($2,000) or more in fair market value.
(3) stocks or bonds worth two thousand
					 dollars ($2,000) or more.
(4)
					 intellectual property rights worth five hundred dollars ($500) or
					 more.
(5) sources of gross income
					 aggregating five hundred dollars ($500) or more within prior 12
					 months,
(6) future interests for
					 compensation of five hundred dollars ($500) or more.
(7) personal finances of two hundred fifty
					 dollars ($250) or more.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 3 - Regional Center Administrative Practices and Procedures › Article 1 - Regional Center Conflict of Interest Standards and Procedures › Section 54528 - Financial Interests in Contracts Creating a Conflict of Interest for Regional Center Employees, Contractors, Agents and Consultants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of this section is to make
					 certain that regional center employees, contractors, agents and consultants are
					 guided solely by the interests of the regional center and its consumers and not
					 by their financial interests when participating in the making of contracts in
					 their official capacity.
(b)
					 Regional center employees, contractors, agents and consultants shall not be
					 financially interested in any contract in which they participate in making in
					 their official capacity.
(1) Financially
					 interested, for purposes of this section, means any financial interest
					 regardless of the dollar amount, and includes aiming to achieve a financial
					 gain or avoid a financial loss. The financial interest may be direct or
					 indirect and includes any monetary or proprietary benefit, gain of any sort, or
					 the contingent possibility of monetary or proprietary benefits, and extends to
					 expectations of economic benefit. Certainty of financial gain is not necessary
					 to create a conflict of interest.
(A) The
					 financial interest is direct when the individual, in his or her official
					 capacity, does business with himself or herself in his or her private
					 capacity.
(B) The financial
					 interest is indirect if an employee, contractor, agent or consultant enters
					 into a contract in his or her official capacity with an individual or entity,
					 and because of the relationship between the individual or entity to the
					 employee, contractor, agent or consultant, the individual or entity is in a
					 position to render actual or potential pecuniary benefits to the employee,
					 contractor, agent or consultant based on that contract.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 3 - Regional Center Administrative Practices and Procedures › Article 1 - Regional Center Conflict of Interest Standards and Procedures › Section 54529 - General Prohibition of Conflicts of Interest for Regional Center Employees, Contractors, Agents and Consultants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the specific
					 conflict-of-interest requirements and restrictions set forth above, regional
					 center employees, contractors, agents and consultants are obligated to
					 discharge their responsibilities with integrity and fidelity, and are
					 prohibited from placing themselves in a position where their private, personal
					 interests may conflict with their official duties.
(b) A regional center employee, contractor,
					 agent or consultant is impliedly bound to exercise the powers conferred on him
					 or her with disinterested skill, zeal and diligence and for the benefit of the
					 regional center and its consumers.
(c) If a situation arises that has not been
					 specifically addressed in these regulations, where a present or potential
					 personal conflict of interest exists as to a particular transaction or
					 decision, the employee, contractor, agent or consultant is disqualified from
					 taking any part in the discussion or from making any recommendation or decision
					 regarding the particular matter.
(d) In interpreting and applying this
					 section, the common law doctrine against conflict of interest and the
					 authorities interpreting that doctrine shall govern.
1. New
						section filed 1-28-2014; operative 1-28-2014 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2014, No. 5). For prior history, see Register 2013, No.
						32.
Note: Authority cited: Sections
						  4626
						  and
						  4627,
						  Welfare and Institutions Code. Reference: Sections
						  4626
						  and
						  4627,
						  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 3 - Regional Center Administrative Practices and Procedures › Article 1 - Regional Center Conflict of Interest Standards and Procedures › Section 54530 - Employees, Contractors, Agents and Consultants Conflicts with Regional Center Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 conflict of interest exists when a regional center employee, contractor, agent
					 or consultant participates in the evaluation of an application for employment
					 or bid for position or contract at the regional center that is submitted by a
					 family member of such person.
(b) A
					 potential conflict of interest exists when a regional center supervisor who is
					 an employee, contractor, agent or consultant acting on behalf of the regional
					 center supervises his or her family member who is a regional center employee,
					 contractor, agent or consultant.
1. New
						section filed 1-28-2014; operative 1-28-2014 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2014, No. 5). For prior history, see Register 2013, No.
						32.
Note: Authority cited: Sections
						  4626
						  and
						  4627,
						  Welfare and Institutions Code. Reference: Sections
						  4626
						  and
						  4627,
						  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 3 - Regional Center Administrative Practices and Procedures › Article 1 - Regional Center Conflict of Interest Standards and Procedures › Section 54535 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
					 Department finds a regional center governing board, board member, executive
					 director, employee, contractor, agent, or consultant, in violation of any of
					 the provisions of this article, the Department shall:
(1) Immediately inform the party or parties
					 in writing of such violation, including the supporting facts or information
					 upon which determination of violation was made; and
(2) Require that the party or parties take
					 appropriate action, within 30 calendar days of the notice of violation, to
					 resolve the conflict of interest or otherwise eliminate the violation. The
					 Department may extend this 30-day period only once and for a period not to
					 exceed 30 calendar days.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 3.5 - Regional Center Budget Deficit Controls [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Subchapter
				  3.5 (articles 1-4, sections
				  54600-54676) expired by its own
				  terms (Register 88, No. 25).
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 - Residential Services and Quality Assurance Regulations › Article 1 - Definitions › Section 56001 - Meaning of Words

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Words shall have their usual meaning unless the context
						or a definition clearly indicates a different meaning.Words used in their
						present tense include the future tense; words in the singular form include the
						plural form. Use of the word "shall" denotes mandatory conduct; "may" denotes
						permissive conduct.
1.
						Repealer of former subchapter 4 (articles 1-2, sections
						56550-56610) and new subchapter 4
						(articles 1-11, sections
						56001-56067), article 1 (sections
						56001-56002) and section filed
						1-14-91; operative 2-13-91 (Register 91, No. 14).
2. Editorial
						correction of HISTORY 1 (Register 98, No. 27).
Note: Authority cited: Sections
						  4681.1
						  and
						  4748,
						  Welfare and Institutions Code. Reference: Sections
						  4681.1
						  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 - Residential Services and Quality Assurance Regulations › Article 2 - General Requirements › Section 56003 - Residential Services Orientation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center shall provide a
					 residential services orientation for all persons who wish to become vendorized
					 to provide services pursuant to Subchapter 4. The residential services
					 orientation shall occur no less than every six months and shall include the
					 following information:
(1) An overview of
					 Title 17, California Code of Regulations requirements applicable to residential
					 facilities, including:
(A) Record maintenance
					 requirements pursuant to Title 17, California Code of Regulations, Section
					 50604.
(B) Vendorization procedures pursuant to
					 Title 17, California Code of Regulations, Sections
					 54310 through
					 54374;
(C) Service level approval pursuant to
					 Section 56005;
(D) Regional center evaluation and monitoring
					 processes pursuant to Sections
					 56046 through
					 56052;
(E) Access requirements as specified in Title
					 17, California Code of Regulations, Section
					 50603;
(F) Consumers' Rights as defined in Section
					 56002(a)(9);
(G) Elements of the program design pursuant
					 to Section
					 56013.
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 - Residential Services and Quality Assurance Regulations › Article 2 - General Requirements › Section 56004 - Facility Service Levels

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Service Level 1 through 4 facilities shall possess a valid Community Care
					 Facility license issued by the Department of Social Services' Community Care
					 Licensing Division pursuant to Health and Safety Code Sections
					 1500
					 et seq., and Title 22, California Code of Regulations, Division 6, Sections
					 80000 et seq.
(b) Service Level 1 through 4 facilities
					 shall be vendorized by a regional center pursuant to the requirements of Title
					 17, California Code of Regulations, Chapter 3, Subchapter 2.
(c) Service Level 2, 3, and 4 facilities
					 shall provide:
(1) Direct supervision and
					 special services pursuant to Welfare and Institutions Code Sections
					 4681.1(b)(2)
					 and (b)(3) as needed to provide services in
					 accordance with, and to meet the requirements of, the approved program design
					 pursuant to Section
					 56005 and the consumer's IPP
					 objectives.
(2) A basic staffing
					 level of no less than one direct care staff person at all times when consumers
					 are under the supervision of facility staff. This basic staffing level shall be
					 the total direct supervision and special services required of the facility up
					 to a maximum number of consumers as follows:
(A) For Service Level 2, one direct care
					 staff person for up to six consumers in the facility;
(B) For Service Levels 3, 4A, and 4B, one
					 direct care staff person for up to three consumers in the facility;
(C) For Service Levels 4C, 4D, and 4E, one
					 direct care staff person for up to two consumers in the facility;
(D) For Service Levels 4F, 4G, 4H, and 4I,
					 one direct care staff person for the first consumer in the
					 facility.
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 - Residential Services and Quality Assurance Regulations › Article 2 - General Requirements › Section 56005 - Facility Service Level Approval Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A residential service provider shall
					 submit a written request to the regional center to establish an approved
					 Service Level 2, 3 or 4. The written request shall include the following:
(1) A statement of the administrator's
					 qualifications pursuant to Section
					 56037;
(2) A program design pursuant to Section
					 56013 which is consistent with the
					 proposed service level; and
(3)
					 Specification of the proposed facility service level pursuant to the
					 requirements in Section
					 56004.
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 - Residential Services and Quality Assurance Regulations › Article 2 - General Requirements › Section 56009 - Regional Center Compliance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-4-92; operative 8-4-92 (Register 92, No. 32).
2.
						Repealer filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for
						printing only pursuant to Chapter 722, Statutes of 1992, Section
						147 (Register 93, No. 39). These
						regulations shall not be repealed by the Office of Administrative Law and shall
						remain in effect until revised or repealed, as appropriate.
3.
						Editorial correction of HISTORY 2 (Register 94, No.
						47).
Note: Authority cited: Sections
						  4681.1
						  and
						  4748,
						  Welfare and Institutions Code. Reference: Sections
						  4631,
						  4635,
						  4648.1,
						  4681.1
						  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 - Residential Services and Quality Assurance Regulations › Article 3 - Program Design › Section 56013 - Program Design Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each facility applying for Service Level 2, 3 or 4 approval shall submit a
					 written program design to the regional center pursuant to Section
					 56005 which is based upon the
					 principles of normalization as measured by consumer participation in a variety
					 of integrated, age-appropriate activities which take place in natural
					 environments, at home, at work, in the community and during leisure
					 time.
(b) The program design shall
					 include:
(1) An organizational chart for the
					 facility;
(2) A statement of
					 purpose, a description of consumer services to be provided, and expected
					 service outcomes for consumers to be served;
(3) Facility entrance and exit criteria which
					 identify the characteristics of the consumer population the facility intends to
					 serve, including age range, gender, ambulatory status, medical conditions,
					 self-help skills and behavioral characteristics;
(4) A description of program preparation
					 functions to be performed by facility staff which is consistent with the
					 requirements specified in Section
					 56004(e)(1) through
					 (6);
(5) A description of staff qualifications and
					 a duty statement for each staff position in the facility;
(6) A sample staff schedule; and
(7) A staff training
					 plan.
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 - Residential Services and Quality Assurance Regulations › Article 4 - Consumer Placement and Relocation › Section 56016 - Placement and Relocation Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center shall, to the extent
					 feasible, provide opportunities for each consumer or authorized consumer
					 representative to have a choice among appropriate, available living
					 arrangements.
(b) The regional
					 center shall provide placement and relocation assistance to each consumer as
					 specified in Welfare and Institutions Code Sections
					 4647,
					 4648
					 and
					 4747.
(c) The administrator may refuse to admit a
					 consumer who has been referred to the facility by a regional center
					 representative if the facility cannot meet the identified needs of the
					 consumer.
(d) No consumer shall be
					 placed into or relocated to a facility where a license revocation action is
					 pending or the license renewal application has been denied.
(e) When the administrator determines that
					 the facility can no longer meet the needs of the consumer, the administrator
					 shall immediately notify the regional center, the consumer and/or the
					 consumer's authorized representative.
(1) The
					 administrator shall put verbal notification in writing and forward to the
					 regional center within 24 hours.
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 - Residential Services and Quality Assurance Regulations › Article 4 - Consumer Placement and Relocation › Section 56017 - Consumer Placement and Relocation Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the consumer or the consumer's
					 authorized representative requests assistance to relocate, or the administrator
					 or regional center finds it necessary for a consumer to move from his/her
					 current residential location, the ID Team, shall determine the living
					 arrangement appropriate to the consumer's needs.
(b) When the appropriate living arrangement
					 is determined to be a facility, the regional center shall release written
					 information to the prospective administrator(s) for the purpose of determining
					 if the residential service provider can meet the consumer's service needs. The
					 information shall include:
(1) The current
					 IPP;
(2) A description of the
					 consumer's service needs;
(3) A
					 statement of the consumer's ambulatory or nonambulatory status;
(4) Known information regarding individual
					 likes and dislikes, abilities, interests and activities;
(5) Known information related to any history
					 of aggressive or dangerous behavior of the consumer towards self or
					 others;
(6) Identified needs for
					 training and treatment of behaviors which interfere with, or prevent
					 participation in, activities;
(7)
					 Identified medical needs including special dietary requirements;
(8) When the consumer has an authorized
					 representative, the name, address and telephone number of the consumer's
					 authorized representative; and
(9)
					 When the consumer has a parent(s) or other relative and the parent(s) or other
					 relative has been actively involved in the provision of the services and
					 supports specified in the consumer's IPP, the parent(s) or other relative(s)
					 name, address and telephone number.
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 - Residential Services and Quality Assurance Regulations › Article 4 - Consumer Placement and Relocation › Section 56018 - Preadmission Visits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 service coordinator shall advise the consumer, or the consumer's authorized
					 representative, of the opportunity to arrange a preadmission visit to a
					 facility for the purpose of determining the suitability of the facility as a
					 living environment for the consumer.
(b) When the consumer or the consumer's
					 authorized representative requests a preadmission visit, the service
					 coordinator or the consumer or the consumer's authorized representative shall
					 contact the facility administrator to establish an agreed-upon date and time
					 for a preadmission visit.
(c)
					 During the visit, the administrator shall:
(1)
					 Be available to discuss the facility and its services pursuant to Section
					 56013; and
(2) Determine if the facility can meet the
					 service needs of 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 - Residential Services and Quality Assurance Regulations › Article 4 - Consumer Placement and Relocation › Section 56019 - Consumer Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the consumer or the consumer's authorized representative, administrator
					 and the service coordinator have reached an agreement regarding consumer
					 placement or relocation to a specific facility, the administrator shall:
(1) Establish with the consumer or the
					 consumer's authorized representative and the service coordinator a date and
					 time for the consumer's admission to the facility;
(2) Explain any facility rules and the
					 facility grievance procedure to the consumer and the consumer's authorized
					 representative via methods appropriate to the communication skills of the
					 consumer, and document such explanation in the consumer notes;
(3) Determine, with the service coordinator,
					 and consumer or the consumer's authorized representative, how the consumer's
					 personal and incidental allowance shall be dispensed and recorded;
					 and
(4) Meet with the consumer and
					 the consumer's family or the consumer's authorized representative on the day of
					 admission.
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 - Residential Services and Quality Assurance Regulations › Article 4 - Consumer Placement and Relocation › Section 56020 - Emergency Placement and Relocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each regional center shall develop and maintain
						procedures to be implemented in the event of emergency situations requiring
						consumer placement(s) or relocation(s).
1. New
						section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2.
						Amendment of section filed 9-20-93 as an emergency; operative 9-20-93.
						Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992,
						Section 147 (Register 93, No. 39). These
						regulations shall not be repealed by the Office of Administrative Law and shall
						remain in effect until revised or repealed, as appropriate.
3.
						Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No.
						47).
4. Editorial correction of HISTORY 2 (Register 94, No.
						47).
Note: Authority cited: Sections
						  4681.1,
						  4748
						  and
						  4791(i),
						  Welfare and Institutions Code; Chapter 722, Statutes of 1992, Section
						  147. Reference: Sections
						  4648,
						  4681.1,
						  4741,
						  4748
						  and
						  4791,
						  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 - Residential Services and Quality Assurance Regulations › Article 5 - Consumer Services › Section 56022 - Consumer IPP Objectives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 30 days after the consumer's admission, the service coordinator shall
					 review jointly with the ID Team the consumer's IPP objectives as necessary
					 pursuant to Welfare and Institutions Code Sections
					 4646.5
					 and
					 4647.
(1) The service coordinator shall invite the
					 administrator to meet with the ID Team to provide information concerning the
					 consumer.
(2) It shall be the
					 responsibility of the administrator to notify the service coordinator when
					 there has been a change in the consumer's service needs which may necessitate a
					 reassessment of the type and amount of services which are necessary to achieve
					 the 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 - Residential Services and Quality Assurance Regulations › Article 5 - Consumer Services › Section 56026 - Consumer Notes, Quarterly and Semi-Annual Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The administrator for each Service Level
					 2, 3 or 4 facility shall be responsible for ensuring preparation and
					 maintenance of on-going, written consumer notes which shall include:
(1) Community and leisure
					 activities;
(2) Overnight visits
					 away from the facility;
(3)
					 Illness;
(4) SIRs as defined in
					 Section 54327(b);
(5) Medical and dental visits; and
(6) The date and signature of the staff
					 person making the entry.
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 - Residential Services and Quality Assurance Regulations › Article 5 - Consumer Services › Section 56027 - Special Incidents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each regional center shall report special incidents to the Department pursuant
					 to Title 17, California Code of Regulations, Section
					 54327.1.
1. New
						section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2.
						Amendment of section filed 9-20-93 as an emergency; operative 9-20-93.
						Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992,
						Section 147 (Register 93, No. 39). These
						regulations shall not be repealed by the Office of Administrative Law and shall
						remain in effect until revised or repealed, as appropriate.
3.
						Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No.
						47).
4. Editorial correction of HISTORY 2 (Register 94, No.
						47).
5. Editorial correction of subsection (c)(1) (Register 95, No.
						18).
6. Amendment of subsection (a), repealer of subsections (b)-(d)
						and amendment of NOTE 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.
7. Amendment of subsection (a), repealer of
						subsections (b)-(d) and amendment of NOTE refiled 10-20-98 as an emergency;
						operative 10-27-98 (Register 98, No. 43). A Certificate of Compliance must be
						transmitted to OAL by 2-24-99 or emergency language will be repealed by
						operation of law on the following day.
8. Certificate of Compliance
						as to 10-20-98 order transmitted to OAL 12-31-98 and filed 2-17-99 (Register
						99, No. 8).
Note: Authority cited: Section
						  11152,
						  Government Code. Reference: Sections
						  4434,
						  4500,
						  4501,
						  4502,
						  4629,
						  4648,
						  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 - Residential Services and Quality Assurance Regulations › Article 6 - Welfare and Institutions Code Section 4695.2 Direct Care Staff Training Regulations › Section 56031 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When used in
					 this article, the following words and phrases shall have the following
					 meanings:
(1) "Certified Family Home" means a
					 family residence which is certified by a licensed Foster Family Agency (FFA)
					 and is issued a certificate or approved by that FFA as meeting licensing
					 standards, and is used only by that FFA for the placement of
					 children.
(2) "Certified Parent"
					 means the adult(s) residing in a home which has been certified by a Foster
					 Family Agency to provide care and supervision to children placed exclusively by
					 that FFA.
(3) "Challenge Test"
					 means a Department-approved test which, if passed, substitutes for and
					 satisfies the requirement of one of the two 35-hour competency-based training
					 segments required by Welfare and Institutions Code Section
					 4695.2(a),
					 (b) and (c).
(4) "Competency-based Training and Testing"
					 means the two 35-hour competency-based training courses and related competency
					 tests which direct care staff are required by Welfare and Institutions Code
					 Section
					 4695.2(a),
					 (b) and (c) to complete
					 satisfactorily.
(5) "Foster Family
					 Agency (FFA)" means a foster family agency as defined in Health and Safety Code
					 Section
					 1502(a)(4).
(6) "Satisfactory Completion" means
					 attendance at each of the two 35-hour training courses required by Section
					 56033(a)(1) and
					 (2), completion of the training and taking
					 the Department-approved competency test for the applicable training
					 segment.
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 - Residential Services and Quality Assurance Regulations › Article 6 - Welfare and Institutions Code Section 4695.2 Direct Care Staff Training Regulations › Section 56032 - Purpose. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-31-98 as an emergency; operative 12-31-98 (Register 99, No.
						1). A Certificate of Compliance must be transmitted to OAL by 4-30-99 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 5-11-99 as an emergency; operative
						5-11-99 (Register 99, No. 20). A Certificate of Compliance must be transmitted
						to OAL by 9-8-99 or emergency language will be repealed by operation of law on
						the following day.
3. New section refiled 9-9-99 as an emergency;
						operative 9-9-99 (Register 99, No. 37). A Certificate of Compliance must be
						transmitted to OAL by 1-7-2000 or emergency language will be repealed by
						operation of law on the following day.
4. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2000, No. 2).
5. New section filed 1-14-2000 as an
						emergency; operative 1-14-2000 (Register 2000, No. 2). A Certificate of
						Compliance must be transmitted to OAL by 5-15-2000 or emergency language will
						be repealed by operation of law on the following day.
6. Repealer
						filed 3-13-2000 as an emergency; operative 3-13-2000 (Register 2000, No. 11). A
						Certificate of Compliance must be transmitted to OAL by 7-11-2000 or emergency
						language will be repealed by operation of law on the following
						day.
7. Repealer refiled 11-27-2000 as an emergency; operative
						11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be
						transmitted to OAL by 3-27-2001 or emergency language will be repealed by
						operation of law on the following day.
Note: Authority cited: Section
						  11152,
						  Government Code; and Section
						  4405,
						  Welfare and Institutions Code. Reference: Sections
						  4681.4
						  and
						  4681.5,
						  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 - Residential Services and Quality Assurance Regulations › Article 6 - Welfare and Institutions Code Section 4695.2 Direct Care Staff Training Regulations › Section 56033 - Direct Care Staff Competency-Based Training and Testing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
					 competency-based training and testing requirements apply only to those direct
					 care staff who are employed in Service Level 2, 3, and 4 facilities.
(1) Direct care staff employed in Service
					 Level 2, 3, and 4 facilities before January 1, 2001 shall have until:
(A) January 1, 2002 to satisfactorily
					 complete the first 35-hour competency-based training course and pass the
					 competency test applicable to that training segment, or to pass a challenge
					 test applicable to that training segment; and
(B) January 1, 2003 to satisfactorily
					 complete the second 35-hour competency-based training course and pass the
					 competency test applicable to that training segment, or to pass a challenge
					 test applicable to that training segment.
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 - Residential Services and Quality Assurance Regulations › Article 6 - Welfare and Institutions Code Section 4695.2 Direct Care Staff Training Regulations › Section 56034 - Waiver Requirements for Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A facility may apply in writing to the
					 regional center for a waiver of the competency-based training and competency
					 testing requirements specified in Section
					 56033(a)(1) and
					 (2) when the facility:
(1) Has a consumer population of less than
					 one third (33.3%) regional center consumers as defined in Section
					 56002(a)(5);
					 and
(2) Is able to document in its
					 written application to the regional center that the granting of a waiver will
					 not create an adverse impact on consumer health and safety.
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 - Residential Services and Quality Assurance Regulations › Article 6 - Welfare and Institutions Code Section 4695.2 Direct Care Staff Training Regulations › Section 56034.1 - Foster Family Agency Waiver Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center may waive the
					 requirement for certified parents and FFA staff, who provide direct supervision
					 and special services to children who are regional center consumers to complete
					 the direct care staff competency-based training and testing requirements
					 described in Section
					 56033(a)(1) and
					 (2).
(b) To request a waiver pursuant to
					 subsection (a), the FFA shall submit a training plan to the regional center
					 which shall include, but not be limited to:
(1) A description of how the FFA's training
					 program meets the requirements for competency-based training required by
					 Welfare and Institutions Code Section
					 4681.5;
(2) The titles of all FFA staff who are
					 required to attend the FFA's training;
(3) The number of hours of training required
					 by the FFA's training plan;
(4) The
					 period of time over which the FFA's training is to be provided;
(5) A training schedule for FFA staff who are
					 currently employed and another training schedule for FFA staff who are hired
					 following the effective date of these regulations;
(6) The titles and qualifications of the
					 individuals who will conduct the FFA's training; and
(7) A methodology for assessing individual
					 competency in the knowledge area(s) included in the
					 training.
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 - Residential Services and Quality Assurance Regulations › Article 6 - Welfare and Institutions Code Section 4695.2 Direct Care Staff Training Regulations › Section 56035 - Waiver for Prevailing Rate Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A facility which is paid a prevailing rate pursuant to
						Title 17, California Code of Regulations, Section
						56919, is waived from the training
						and competency testing requirements specified in Section
						56033(a)(1) and
						(2).
1. New
						section filed 3-13-2000 as an emergency; operative 3-13-2000 (Register 2000,
						No. 11). A Certificate of Compliance must be transmitted to OAL by 7-11-2000 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealed by operation of Government Code section
						11346.1(g)
						(Register 2000, No. 30).
3. New section filed 7-26-2000 as an
						emergency; operative 7-26-2000 (Register 2000, No. 30). A Certificate of
						Compliance must be transmitted to OAL by 11-27-2000 or emergency language will
						be repealed by operation of law on the following day.
4. New section
						refiled 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No.
						48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or
						emergency language will be repealed by operation of law on the following
						day.
5. Certificate of Compliance as to 7-26-2000 order transmitted
						to OAL 3-22-2001 and filed 5-2-2001 (Register 2001, No. 18).
6.
						Change without regulatory effect amending NOTE filed 2-28-2002 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2002, No. 9).
Note: Authority cited: Section
						  4695.2(e),
						  Welfare and Institutions Code. Reference: Section
						  4695.2,
						  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 - Residential Services and Quality Assurance Regulations › Article 7 - Personnel › Section 56036 - Training Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Service Level 2, 3 and 4 administrators shall assure the development,
					 implementation and maintenance of a written facility staff training
					 plan.
(b) The plan shall include a
					 description of how each of the following training components will be provided:
(1) The on-site orientation for direct care
					 staff specified in Section
					 56038(a)(1);
(2) The on-the-job training for direct care
					 staff specified in Section
					 56038(a)(2);
(3) Continuing education requirements as
					 specified in Sections
					 56037(a) and
					 56038(a)(3);
					 and
(4) Any additional training in
					 any knowledge area(s) which is identified as needing improvement in the written
					 notice pursuant to Section
					 56033(d)(2).
(A) The written facility staff training plan
					 shall specify a time frame for completing the additional training which shall
					 be no more than one year from the receipt of the written notification pursuant
					 to Section
					 56033(d)(2).
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 - Residential Services and Quality Assurance Regulations › Article 7 - Personnel › Section 56037 - Administrator Qualifications and Continuing Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Administrators for Service Level 2, 3 and
					 4 facilities shall fulfill requirements for continuing education in one or more
					 of the following areas, as they relate to the administration and management of
					 residential services for persons with developmental disabilities:
(1) Consumer services as described in the
					 program design;
(2) Promotion of
					 consumers' rights, health, safety and social and physical integration;
					 and
(3) The ID Team process,
					 including development and implementation of IPPs.
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 - Residential Services and Quality Assurance Regulations › Article 7 - Personnel › Section 56038 - Direct Care Staff Qualifications and Continuing Education Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Service Level
					 2, 3 and 4 administrators shall ensure that each direct care staff person meets
					 applicable requirements as follows:
(1) Within
					 the first 40 hours of providing consumer services in the facility, all new
					 direct care staff shall complete an on-site orientation which addresses the
					 following:
(A) The facility's program
					 design;
(B) Consumer
					 IPPs;
(C) Consumers' rights
					 regulations;
(D) Assistance to
					 consumers with prescribed medications, if applicable;
(E) Health and emergency procedures,
					 including fire safety;
(F)
					 Identification and reporting of Special Incidents, as required by Title 17,
					 California Code of Regulations, Section
					 54327(a);
					 and
(G) Identification and
					 reporting of consumer abuse.
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 - Residential Services and Quality Assurance Regulations › Article 7 - Personnel › Section 56040 - Consultant Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Consultant services provided by Service
					 Level 4 facilities shall be appropriate to meet individual consumer service
					 needs.
(b) Consultants shall be
					 individuals or groups eligible for vendorization in accordance with Title 17,
					 California Code of Regulations, Chapter 3, Subchapter 2:
(1) Section
					 54319, Group Practices;
					 and/or
(2) Section
					 54342, Types of
					 Services;
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 - Residential Services and Quality Assurance Regulations › Article 8 - Monitoring and Evaluation › Section 56046 - Quality Assurance Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center shall develop,
					 implement, and maintain a Quality Assurance (QA) Plan to ensure Service Level
					 2, 3 and 4 facility compliance with these regulations.
(b) The QA Plan shall include, but not be
					 limited to, the following:
(1) A schedule of
					 evaluations which ensures that each facility is evaluated a minimum of once
					 every three years;
(2) The
					 composition of the QA evaluation teams;
(3) The methods to be utilized by the service
					 coordinator for monitoring the facility's implementation of consumer IPP
					 objectives for which the facility is responsible;
(4) The methods to be utilized by the
					 facility liaison for QA monitoring of the facility's compliance with these
					 regulations and provision of technical assistance to the facility;
(5) The methods, forms, and instruments, to
					 be utilized by the regional center for QA evaluations; and
(6) A description of training to be offered
					 to persons who will participate in QA evaluations which includes
					 familiarization with these regulations and the individual life quality outcomes
					 identified in the "Looking at Service Quality Provider's Handbook", and an
					 overview of the QA evaluation process.
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 - Residential Services and Quality Assurance Regulations › Article 8 - Monitoring and Evaluation › Section 56047 - Regional Center Monitoring of the IPP Objectives

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
					 towards achieving IPP objectives.
(1) At
					 least two of the quarterly meetings required by subsection (a) shall take place
					 at the consumer's residence and a representative of the facility shall be
					 present at these meetings.
(2)
					 Other quarterly meetings may take place at a site other than the consumer's
					 residence that is acceptable to the consumer.
(3) Quarterly meetings pursuant to subsection
					 (a) may be conducted during an unannounced visit pursuant to Welfare and
					 Institutions Code Section
					 4648.1,
					 provided the requirements specified in subsection (a) are met.
(4) When the consumer has a consumer's
					 authorized representative, the regional center representative shall notify the
					 consumer's authorized representative of the date and time of the meeting
					 required by subsection (a) if the meeting is announced.
(5) When the consumer's authorized
					 representative is unable to attend the meeting, the regional center
					 representative shall confer with the consumer's authorized representative
					 regarding the consumer's progress toward achieving IPP
					 objectives.