reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4 - Residential Services and Quality Assurance Regulations › Article 8 - Monitoring and Evaluation › Section 56048 - Facility Liaison Quality Assurance (QA) Monitoring of the Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional
					 center shall designate a facility liaison for each Service Level 2, 3 and 4
					 facility in the regional center's service catchment area, in which consumers of
					 the regional center reside.
(b) The
					 regional center shall assign a facility liaison to each facility in such a way
					 as to minimize the number of staff responsible for monitoring consumer services
					 and providing technical assistance to the facility.
(c) The administrator shall:
(1) Establish, with the facility liaison, an
					 agreeable date and time for the monitoring visit;
(2) Provide access to all records pertaining
					 to the provision of consumer 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 56049 - Quality Assurance Evaluation Team

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Quality Assurance (QA) Evaluation
					 Team shall complete the QA Evaluations of facilities.
(b) Each regional center shall designate a QA
					 Coordinator who shall implement a QA Plan for the regional center. The QA
					 Coordinator shall:
(1) Assure that each
					 facility is evaluated in accordance with section
					 56046(a)(1)-(6);
(2) Select the QA Evaluation Team chairperson
					 and members utilizing the following criteria:
(A) The team shall consist of at least 2
					 members;
(B) The chairperson shall
					 be a regional center employee.
(C)
					 Whenever possible, the team should include consumers and family
					 members.
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 56050 - Preparation for the Quality Assurance Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All Service Level 2, 3 and 4 facilities
					 providing residential services shall participate in a Quality Assurance (QA)
					 Evaluation conducted by the regional center.
(b) The chairperson of the QA Evaluation Team
					 shall:
(1) Confirm the date and time of the
					 on-site evaluation with the administrator;
(2) Assign duties to the Evaluation Team
					 members;
(3) Obtain consumer
					 consent for QA Evaluation Team members who are not regional center employees to
					 review consumer records.
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 56051 - Quality Assurance Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the evaluation, the QA Evaluation
					 Team members shall:
(1) Review facility
					 records both at the facility and at the regional center for compliance with
					 documentation requirements specified in sections
					 56059 and
					 56060 respectively;
(2) Review randomly selected consumers'
					 records, both at the facility and at the regional center for compliance with
					 documentation requirements specified in sections
					 56059 and
					 56060 respectively, and management
					 of personal and incidental allowance;
(3) Observe consumer activities during
					 regularly scheduled daily activities for compliance with the program design,
					 and the IPP objectives;
(4) Talk to
					 consumers living in the facility and authorized representatives, when
					 appropriate, to determine their satisfaction with facility services;
(5) Assess the effectiveness of the facility
					 in assisting consumers in achieving the individual life quality
					 outcomes.
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 56052 - Post-Evaluation Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 After completion of the on-site QA Evaluation in accordance with Section
					 56051(a)(1) through
					 (5), the QA Evaluation Team chairperson
					 shall:
(1) Within five days, conduct an exit
					 interview with the administrator, which includes:
(A) Presentation of preliminary findings of
					 compliance and/or noncompliance with the provisions of these regulations
					 including the effectiveness of and consumer(s') satisfaction with, the
					 assistance provided by the facility to help consumers achieve the individual
					 life quality outcomes;
(B) An
					 opportunity for the administrator to discuss and respond to the findings and
					 provide additional information, if any; and
(C) Appropriate technical assistance to 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 9 - Corrective Action Plans and Sanctions › Section 56053 - Immediate Danger

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Situations which come to the attention of, or are reported to, the regional
					 center and which appear to constitute an immediate danger shall be investigated
					 immediately following the notification. Situations which shall be investigated
					 include but are not limited to:
(1) Life
					 threatening structural conditions;
(2) Suspicion or allegations of abuse of a
					 consumer;
(3) A consumer(s) in the
					 facility with no direct supervision unless there is an IPP objective and waiver
					 or exception, approved pursuant to Title 22, California Code of Regulations,
					 Section 80024;
(4) Failure to provide a consumer(s) with a
					 medically prescribed special diet(s); or
(5) The presence of an individual exhibiting
					 aggressive or assaultive behavior which is life threatening to self or
					 others.
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 9 - Corrective Action Plans and Sanctions › Section 56054 - Substantial Inadequacies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Substantial inadequacies are the following:
(1) Conditions posing a threat to the health
					 and safety of any consumer, that are not considered an immediate danger as
					 specified in Section
					 56053;
(2) Provision of fewer direct care staff
					 hours than are required by the facility's approved service level;
(3) Violations of consumers' rights as
					 defined in Section
					 56002(a)(8);
(4) Failure to provide consumer services as
					 specified in the consumer's IPP;
(5) Failure to comply with the terms of the
					 consumer's Admission Agreement;
(6)
					 Deficiencies or irregularities in the handling of the consumer's cash
					 resources, personal property, and valuables;
(7) Failure to comply with the requirements
					 for administrator and staff qualifications and/or administrator and staff
					 training;
(8) Failure of a Service
					 Level 4 facility to utilize the instructional methods and techniques which are
					 specified in the facility's program design;
(9) Failure of a Service Level 4 facility to
					 utilize the methodology for measurement of consumer progress toward achievement
					 of IPP objectives which is specified in the facility's program
					 design;
(10) Failure to take a
					 required action pursuant to Section
					 56052 within the specified
					 timeframe;
(11) Failure to:
(A) File an accurate and complete report
					 verifying the use of rate increase funds authorized by Welfare and Institutions
					 Code Section
					 4681.4(a) or
					 (b) as required by Title 17, California Code
					 of Regulations, Section
					 56934(a);
(B) Utilize Welfare and Institutions Code
					 Section
					 4681.4(a) or
					 (b) rate increase funds for the purposes
					 specified in Title 17, California Code of Regulations, Section
					 56932(a)(1) through
					 (3);
(C) Utilize Welfare and Institutions Code
					 Section
					 4681.4(a) or
					 (b) rate increase funds for a purpose which
					 has been approved by the Department pursuant to Title 17, California Code of
					 Regulations, Section
					 56932(a)(4);
					 or
(12) Failure to ensure
					 that a direct care staff:
(A) Completes the
					 competency-based training and testing required by Section
					 56033(a)(1) or
					 (2); or
(B) Completes any additional training
					 required by Section
					 56033(d)(2);
					 or
(C) Complies with Section
					 56033(f)(1) or
					 (2) when the direct care staff has failed to
					 satisfactorily complete the competency-based training and competency
					 testing.
(13) Failure to
					 report special incidents pursuant to Section
					 54327.
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 9 - Corrective Action Plans and Sanctions › Section 56055 - Insufficiencies. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
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: Section
						  4681.1,
						  Welfare and Institutions Code. Reference: Sections
						  4648,
						  4648.1,
						  4681.1,
						  4742,
						  4745
						  and
						  4746,
						  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 9 - Corrective Action Plans and Sanctions › Section 56056 - Corrective Action Plan (CAP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center and the administrator
					 shall meet to develop a written corrective action plan (CAP) within 10 working
					 days of the identification and verification of a substantial
					 inadequacy.
(b) The CAP shall
					 describe:
(1) The substantial inadequacy and
					 cite the statute, regulation, IPP, or Admission Agreement requirement for which
					 noncompliance is identified and shall inform the administrator of the right to
					 appeal the findings; and
(2) The
					 method(s) by which the administrator is to correct the substantial
					 inadequacy.
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 9 - Corrective Action Plans and Sanctions › Section 56057 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional
					 center shall apply sanction(s) to the facility when:
(1) A substantial inadequacy is not corrected
					 within the time frame specified in the CAP developed pursuant to Section
					 56056; or
(2) There are two findings of substantial
					 inadequacy in the same facility within any twelve-month
					 period.
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 10 - Records Maintenance › Section 56058 - Confidentiality. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
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
						  4514,
						  4515,
						  4516
						  and
						  4744,
						  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 10 - Records Maintenance › Section 56059 - Residential Services Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each Service Level 2, 3 and 4 facility
					 shall maintain individual consumer files, and a facility file.
(b) Individual consumer files shall contain
					 the following:
(1) Current emergency
					 information, including names, addresses and telephone numbers of the consumer's
					 authorized representative and pharmacy;
(2) Recent consumer photograph and physical
					 description;
(3) Consumer
					 inoculation records and TB clearance;
(4) Consumer allergy record;
(5) Signed consent for release of information
					 form(s), if any;
(6) Current IPP in
					 accordance with Section
					 56022;
(7) Consumer notes pursuant to Section
					 56026;
(8) Quarterly or semi-annual reports pursuant
					 to Section
					 56026;
(9) Copies of SIRs prepared as required by
					 Title 17, California Code of Regulations, Section
					 54327(b);
					 and
(10) Current information
					 provided by the regional center pursuant to Section
					 56017(b).
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 10 - Records Maintenance › Section 56060 - Regional Center Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 regional center shall maintain records which document:
(1) Facility service level
					 approval;
(2) Quality assurance
					 evaluations;
(3) Regional center
					 monitoring of consumer IPP objectives;
(4) Facility liaison (QA)
					 monitoring;
(5) Special Incident
					 Reports (SIRs);
(6) Finding of
					 Immediate Danger;
(7) Substantial
					 Inadequacies;
(8) Corrective Action
					 Plans;
(9) Sanctions;
(10) Facility appeals;
(11) Quarterly reports from Service Level 4
					 facilities; and
(12) The
					 Department's approval of the use of Welfare and Institutions Code Section
					 4681.4(a) or
					 (b) rate increase funds for a purpose other
					 than those specified in Section
					 56932(a)(1) through
					 (3).
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 11 - Facility Appeals Process › Section 56061 - Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 administrator may appeal to the director of the regional center the following
					 specific actions taken by the regional center:
(1) Findings of substantial inadequacy
					 pursuant to Section
					 56054;
(2) Findings of immediate danger pursuant to
					 Section 56053;
(3) Sanctions pursuant to Section
					 56057;
(4) Service level disapproval pursuant to
					 Section 56005; and
(5) Enforcement of any requirement by the
					 regional center which is not contained in Title 17, California Code of
					 Regulations, Division 2, Chapter 3, Subchapters 4 and 6.
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 11 - Facility Appeals Process › Section 56062 - Contents of Appeal and Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The administrator's written appeal
					 request shall be submitted to the regional center director within 30 days after
					 the receipt of written notification from the regional center of the action
					 specified in Section
					 56061 and shall:
(1) Indicate the name and address of the
					 facility;
(2) Identify the specific
					 action being appealed;
(3) Describe
					 the potential adverse impact on the facility;
(4) Describe the specific basis of the
					 appeal;
(5) Include information
					 necessary to substantiate the legal and factual basis of the appeal;
(6) Be signed by the administrator;
					 and
(7) Be deemed filed on the date
					 submitted to the regional center.
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 11 - Facility Appeals Process › Section 56063 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 60 days
					 after the date of the hearing, the regional center director shall:
(1) Render a decision; and
(2) Submit a written notification of the
					 decision to the administrator by certified mail, return receipt
					 requested.
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 11 - Facility Appeals Process › Section 56064 - Appeal of the Regional Center's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The administrator, if dissatisfied with
					 the decision rendered by the regional center director, may appeal the decision
					 to the Director. The written appeal to the Director shall:
(1) Be submitted within 15 days from receipt
					 of the written decision in Section
					 56063(a)(2);
					 and
(2) Be in writing and include
					 the following information:
(A) A copy of the
					 regional center director's written decision;
(B) A copy of all information submitted to
					 the regional center pursuant to Section
					 56062(a)(1)-(7) and
					 (b)(2); and
(C) A statement of the issue(s), facts and
					 any supporting statute(s) and regulation(s) identifying why the appellant
					 believes the decision of the regional center director should be reversed by the
					 Director.
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 11 - Facility Appeals Process › Section 56065 - Decision by the Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Director shall, within 60 days of the final submission of all required and/or
					 requested information:
(1) Render a decision;
					 and
(2) Submit a written copy of
					 the decision to the appellant, with a copy to the regional
					 center.
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 11 - Facility Appeals Process › Section 56066 - Implementation of Regional Center Actions During Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Implementation of regional center actions
					 during the appeal process shall occur as follows:
(1) In the case of immediate danger, the
					 action of the regional center shall remain in effect throughout the appeal
					 process;
(2) In the case of
					 substantial inadequacies, corrective action shall be suspended until the appeal
					 process is complete, except in situations specified in Section
					 56054(a)(1);
(A) Nothing in the foregoing shall preclude
					 the regional center from taking immediate action if conditions in the facility
					 deteriorate into an immediate danger because the substantial inadequacy has not
					 been corrected.
(3) In
					 the case of a disputed service level the rate paid during the appeal shall be
					 for the service level approved by the regional center and appealed by the
					 administrator.
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 11 - Facility Appeals Process › Section 56067 - Good Cause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 the purposes of Section
					 56061 through
					 56066 of these regulations, good
					 cause for failure to act is limited to:
(1) A
					 violent act of nature, including but not limited to, flood, earthquake,
					 blizzard or fire; and/or
(2) Arson,
					 vandalism and/or theft of records and/or property by individuals other than the
					 appellant which precludes the appellant from filing a timely
					 appeal.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4 - Residential Services and Quality Assurance Regulations › Article 12 - Secured Perimeters in Adult Residential Facilities and Group Homes › Section 56068 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Article:
(a) "Lacks hazard awareness and impulse
					 control" means the consumer's planning team has determined that the consumer
					 poses a risk of harm to himself or herself or others by wandering off or
					 running away from the residence and requires an enhancement to supervision
					 through the use of delayed egress devices and secured perimeters without which
					 the consumer would require placement in a more restrictive, locked residential
					 setting.
(b) "Planning team" refers
					 to the planning team defined in subdivision (j) of Section
					 4512
					 of the Welfare and Institutions Code, which develops and reviews a consumer's
					 IPP through the planning process described in sections
					 4646
					 and
					 4646.5
					 of the Welfare and Institutions Code.
1. New
						article 12 (sections
						56068-56074) and section filed
						6-13-2013 as an emergency; operative 6-13-2013 (Register 2013, No. 24). A
						Certificate of Compliance must be transmitted to OAL by 12-10-2013 or emergency
						language will be repealed by operation of law on the following
						day.
2. New article 12 (sections
						56068-56074) and section refiled
						11-21-2013 as an emergency; operative 12-11-2013 (Register 2013, No. 47). A
						Certificate of Compliance must be transmitted to OAL by 3-11-2014 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 11-21-2013 order, including
						amendment of subsection (a), transmitted to OAL 1-28-2014 and filed 3-12-2014;
						amendments effective 3-12-2014 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2014, No. 11).
Note: Authority cited: Section
						  1531.15,
						  Health and Safety Code. Reference: Section
						  1531.15,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4 - Residential Services and Quality Assurance Regulations › Article 12 - Secured Perimeters in Adult Residential Facilities and Group Homes › Section 56069 - Use of Secured Perimeters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The licensee of a residential facility for no more than
						15 residents licensed as an adult residential facility or group home without
						any resident who is a foster child under the jurisdiction of the juvenile court
						pursuant to Section
						300,
						450,
						601
						or
						602
						of the Welfare and Institutions Code, that is eligible for and serving clients
						eligible for federal Medicaid funding, and is utilizing delayed egress devices
						of the time delay type pursuant to Health and Safety Code Section
						1531.1,
						may also utilize secured perimeters in compliance with the requirements of
						Health and Safety Code Section
						1531.15
						in addition to state and federal statutes and regulations applicable to adult
						residential facilities or group homes.
1. New
						section filed 6-13-2013 as an emergency; operative 6-13-2013 (Register 2013,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 12-10-2013
						or emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 11-21-2013 as an emergency; operative
						12-11-2013 (Register 2013, No. 47). A Certificate of Compliance must be
						transmitted to OAL by 3-11-2014 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 11-21-2013 order, including amendment of section, transmitted to OAL
						1-28-2014 and filed 3-12-2014; amendments effective 3-12-2014 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2014, No. 11).
Note: Authority cited: Section
						  1531.15,
						  Health and Safety Code. Reference: Section
						  1531.15,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4 - Residential Services and Quality Assurance Regulations › Article 12 - Secured Perimeters in Adult Residential Facilities and Group Homes › Section 56070 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In addition to the requirements of Title 22, California Code of Regulations,
					 Section 80022, the plan of operation shall
					 include the following information for the use of secured perimeters:
(1) Documentation provided by the regional
					 center of the local need for the facility to utilize a secured
					 perimeter.
(2) A component
					 describing the following:
(A) An explanation
					 of how interior and exterior space is to be made available on the facility
					 premises to permit consumers to move freely and safely.
(B) Staff qualifications and staff training
					 curricula, including participation by the local regional center and the
					 clients' rights advocate providing advocacy services pursuant to Section
					 4433
					 of the Welfare and Institutions Code.
(C) An explanation of how the facility
					 licensee will ensure the protection of consumers' personal rights, including
					 those specified in Chapter 1 of Division 4.5 of the Welfare and Institutions
					 Code, and any applicable personal rights provided in Titles 17 and 22 of the
					 California Code of Regulations.
(D)
					 The licensee's or applicant's plan for managing consumers' lack of hazard
					 awareness and impulse control behavior.
(E) Procedures to inform consumers that they
					 have the right to leave the facility and procedures to be followed if a
					 consumer indicates a desire to leave the facility, including the use of
					 redirection or, if the consumer indicates a continued desire to leave following
					 redirection, procedures for staff accompaniment and supervision, and for
					 ensuring adequate staffing for the remaining residents.
(F) Procedures to be used for conducting and
					 documenting fire and earthquake drills at least once every 3 months that
					 include all facility staff providing the consumer care and
					 supervision.
(G) The facility's
					 emergency evacuation procedure. The procedure shall include the protocol for
					 consumers moving through and beyond the secured perimeters when needed for
					 their safety.
(H) In the case of an
					 existing facility with delayed egress devices seeking to add secured
					 perimeters, a plan for relocating current facility consumers who have not been
					 determined to meet the admissions and continued placement requirements for
					 residential facilities utilizing secured perimeters as set forth in Section
					 56073 and Health and Safety Code
					 Section
					 1531.15.
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 12 - Secured Perimeters in Adult Residential Facilities and Group Homes › Section 56071 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The use of secured perimeters shall not substitute for adequate staff in
					 sufficient numbers to meet the care and supervision needs of all consumers,
					 including additional staffing as determined to be necessary by a consumer's
					 regional center planning team.
(b)
					 The licensee or applicant shall maintain one of the following documents in the
					 consumer's individual consumer file maintained by the facility:
(1) The written consent for placement,
					 described in paragraph (1) of subdivision (b) of Section
					 56073.
(2) A court order authorizing placement of
					 the consumer in a non-state-operated facility utilizing secured
					 perimeters.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4 - Residential Services and Quality Assurance Regulations › Article 12 - Secured Perimeters in Adult Residential Facilities and Group Homes › Section 56073 - Admission and Continued Stay Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to an admission to an adult
					 residential facility or group home utilizing secured perimeters, the regional
					 center shall conduct a comprehensive assessment and convene a planning team
					 meeting to determine whether the consumer lacks hazard awareness or impulse
					 control and requires the level of supervision afforded by a facility equipped
					 with secured perimeters and delayed egress devices. The planning team's
					 determination shall be documented in the client record.
(b) Prior to placement in a facility
					 utilizing secured perimeters, the regional center shall obtain either a court
					 order authorizing the placement or written consent agreeing to the placement.
					 These documents shall be provided to the residential service provider and
					 maintained in the regional center's records required by Section
					 56060.
(1) The written consent shall be signed by:
(A) A non-conserved consumer, 18 or older,
					 or, as appropriate, the consumer's conservator or other person with legal
					 authority, or
(B) For a consumer
					 under 18 years of age, by the person having the legal authority to place the
					 consumer in the facility using secured perimeter.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4 - Residential Services and Quality Assurance Regulations › Article 12 - Secured Perimeters in Adult Residential Facilities and Group Homes › Section 56074 - Statewide Limitation on the Number of Beds in Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each regional center shall provide
					 information to the statewide specialized resource service on the adult
					 residential facilities and group homes, including number of beds in each
					 facility, approved for utilizing secured perimeters in its catchment
					 area.
(b) There shall be no more
					 than 100 beds throughout the state in adult residential facilities and group
					 homes, as provided in Section
					 1531.15
					 of the Health and Safety Code, and intermediate care facilities, as provided in
					 Section
					 1267.75
					 of the Health and Safety Code, combined, utilizing secured perimeters in
					 combination with delayed egress devices. The Department of Developmental
					 Services may, after consulting with stake-holders, including regional centers
					 and consumer advocates, periodically adjust the total bed limit to address
					 unmet statewide needs.
(c) The
					 Department of Social Services shall not have any role in monitoring or
					 enforcing subdivisions (a) and (b).
(d) The initial or updated statewide limit on
					 beds in facilities utilizing secured perimeters in combination with delayed
					 egress devices, established pursuant to subdivision (b), shall be posted on the
					 Department of Developmental Services Internet Web site, along with an updated
					 list of the number of such beds that have been authorized, by regional center
					 catchment area.
1. New
						section filed 6-13-2013 as an emergency; operative 6-13-2013 (Register 2013,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 12-10-2013
						or emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 11-21-2013 as an emergency; operative
						12-11-2013 (Register 2013, No. 47). A Certificate of Compliance must be
						transmitted to OAL by 3-11-2014 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 11-21-2013 order, including new subsection (d), transmitted to OAL
						1-28-2014 and filed 3-12-2014; amendments effective 3-12-2014 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2014, No. 11).
Note: Authority cited: Sections
						  1267.75
						  and
						  1531.15,
						  Health and Safety Code. Reference: Sections
						  1267.75
						  and
						  1531.15,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 1 - Definitions › Section 56075 - 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. New
						subchapter 4.1, article 1 and section filed 7-24-95 as an emergency; operative
						7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted
						to OAL by 11-21-95 or emergency language will be repealed by operation of law
						on the following day.
2. New subchapter 4.1, article 1 and section
						refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A
						Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 7-24-95 order transmitted to
						OAL 1-8-96 and filed 2-22-96 (Register 96, No.
						8).
Note: Authority cited: Section
						  4689.1,
						  Welfare and Institutions Code; Chapter 1095, Statutes of 1994, Section
						  14. Reference: Section
						  4689.1,
						  Welfare and Institutions Code.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 1 - Definitions › Section 56076 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
					 Subchapter, the following phrase shall have the meaning specified in Title 17,
					 Section 54000:
(1) Developmental
					 Disability
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 2 - Competitive Procurement › Section 56077 - Determination of Need

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 regional center shall determine the need for FHA services based upon the
					 following criteria:
(1) Whether there is a
					 sufficient number of FHA's currently providing services;
(2) Whether the FHA will meet an unmet need
					 which has been identified in a consumer's IPP; and
(3) Whether there is an anticipated future
					 need for FHA services within the regional center's service catchment
					 area.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 2 - Competitive Procurement › Section 56078 - Public Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the regional center has determined the need for FHA services pursuant to
					 Section 56077, the regional center shall
					 give public notice of the intent to contract for FHA services.
(1) More than one contract may be announced
					 in a public notice.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 2 - Competitive Procurement › Section 56079 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application
					 for intent to contract submitted in response to the public notice required by
					 Section 56078 shall include, but not be
					 limited to:
(1) The name, address and
					 telephone number of the prospective FHA administrator;
(2) The prospective FHA's program design as
					 specified in Section
					 56084;
(3) The signature of the prospective FHA
					 administrator and the date on which the application was signed; and
(4) Any additional format or procedural
					 requirements deemed necessary by the regional center.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 2 - Competitive Procurement › Section 56080 - Selection of FHA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 regional center shall utilize the following criteria to select the prospective
					 FHA:
(1) The prospective FHA's potential for
					 providing cost-effective quality services and supports as referenced in the
					 program design pursuant to Section
					 56084;
(2) The degree to which consumer choice
					 regarding the provision of services and supports is identified as a factor in
					 the program design;
(3) The
					 experience of the prospective FHA or key agency personnel in providing the same
					 or comparable services;
(4) The
					 reasonableness of the prospective FHA's overhead; and
(5) The capability of the regional center to
					 monitor and evaluate the prospective FHA.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 2 - Competitive Procurement › Section 56081 - Notice of Intent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 30 days following the regional center's selection of an FHA pursuant to
					 Section 56080, the regional center shall
					 give public notice of its intent to contract with the selected FHA by posting a
					 notice of its selection in an area of the regional center which is accessible
					 to the general public.
(b) The
					 regional center shall notify, in writing, those not selected under Section
					 56080.
(1) Notification shall include, but not be
					 limited to, the right to appeal the contract decision pursuant to subsection
					 (c).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 3 - Contract and Vendorization › Section 56082 - Contract and Vendorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The regional center shall negotiate a
					 contract with the FHA selected pursuant to Section
					 56080 which includes, but is not
					 limited to:
(1) A rate(s) of reimbursement
					 for the FHA; and
(2) A requirement
					 that the vendor maintain service records to support all billing/invoicing as
					 specified in Section
					 50604(d)(1) through
					 (3)(F), as applicable; and
(3) A requirement that the vendor submit to
					 the regional center with their billings/invoices the information specified in
					 (2) above for the billing period.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 3 - Contract and Vendorization › Section 56083 - Residential Services Orientation and Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to a consumer residing in a family
					 home, the following FHA staff shall attend the residential services orientation
					 provided by the vendoring regional center pursuant to the requirements of Title
					 17, Section
					 56003(a)(1)(A), (C), (D) and
					 (E):
(1) The
					 FHA administrator;
(2) All FHA
					 staff responsible for the direct supervision of other FHA staff; and
(3) All FHA staff who have frequent and
					 routine contact with the consumer.
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 4 - Program Design › Section 56084 - Program Design Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The program design shall detail how the FHA will achieve and monitor the
					 following outcomes:
(1) That the consumer
					 will live in a family home where he/she will receive respect and support and
					 involvement in the normal routines of family life;
(2) That the FHA and the family home will
					 provide services and supports which will be consistent with the consumer's
					 needs and preferences for services and supports as specified in the consumer's
					 IPP;
(3) That the FHA and the
					 family home will provide services and supports which are designed to encourage
					 and support the consumer in the formation of relationships with peers without
					 disabilities and in participation in the community;
(4) That the FHA and the family home will
					 provide services and supports which will respect the consumer's personal and
					 cultural preferences and values;
(5) That the FHA will ensure an appropriate
					 match between the needs and preferences of the consumer and the family
					 home;
(6) That the FHA will assist
					 the consumer in building and maintaining relationships with others, including,
					 but not limited to, marital and interpersonal relationships; family
					 relationships; and friendships and social networks;
(7) That the FHA will ensure that services
					 and supports which are chosen by the consumer and provided by the FHA will be
					 satisfactory to the consumer, or the consumer's authorized representative, if
					 applicable; and
(8) That FHA staff
					 will be suited by experience, sensitivity, education and training to achieve
					 the outcomes specified in subsections (a)(1) through (7) and to perform the
					 duties specified in subsection (b)(4)(A) through (O) and Section
					 56086(a)(1) through
					 (7).
California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.1 - Family Home Agency (FHA) Regulations › Article 5 - Criminal Record Clearance › Section 56085 - Fingerprints and Criminal History

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall conduct a criminal
					 record review of all persons specified in Welfare and Institutions Code Section
					 4689.2(c)
					 and shall have the authority to approve or deny an application for
					 vendorization as an FHA, or employment, residence, or presence in the family
					 home based upon the results of such a review.
(1) All completed, signed and dated
					 Department of Justice fingerprint cards (BID-7) shall be submitted directly to
					 the Department.
(2) Fingerprint
					 cards shall be provided by the Department.