reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 1 - General Provisions › Section 1900 - Application of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				  Chapter shall apply to mental health programs of a Community Treatment Facility,
				  hereinafter referred to as a CTF, as defined in Section
				  1502(a)(8)
				  of the Health and Safety Code. Pursuant to Section
				  4094
				  of the Welfare and Institutions Code, the Department of Health Care Services,
				  hereinafter referred to as the Department, certifies the mental health program while
				  the California Department of Social Services licenses a facility as a CTF following
				  issuance of a certificate of compliance by the Department.
1. New chapter 12
					 (articles 1-6), article 1 (sections
					 1900-1901) and section filed 6-24-98;
					 operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
2. Change without regulatory effect amending
					 section and NOTE filed 8-26-2015 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2015, No. 35).
Note: Authority cited: Sections
						4094,
						10725
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 2 - Mental Health Program Certification Procedures › Section 1902 - Application for Mental Health Program Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any adult,
				  firm, partnership, association, corporation, county, city, public agency or other
				  governmental entity desiring program certification for a CTF shall file an
				  application with the Department which shall include the name of the adult, firm,
				  partnership, association, corporation or governmental entity, the location of the
				  proposed CTF, a proposed plan of operation as defined in Section
				  1919(c) of this
				  chapter, and supporting documents as defined in subsection (c).
(b) Upon the Department's request, an applicant
				  shall provide the Department with verification of the information submitted in their
				  application and/or supporting documentation.
(c) Supporting documents are defined to include
				  the following: previous or current experience in the provision of residential
				  treatment services to children; letters of support or need from county mental health
				  directors, county social service directors, county probation directors, and/or
				  county or district offices of education; and a description of current or proposed
				  relationships to transitional, less restrictive placements.
1. New article 2
					 (sections 1902-1907) and section filed 6-24-98;
					 operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 2 - Mental Health Program Certification Procedures › Section 1903 - Mental Health Program Certification of Separate Premises

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A separate
				  program certification is required by the Department for each CTF mental health
				  program as described in Section
				  1919 that is maintained on separate
				  premises.
(b) A separate program
				  certification is not required for separate residential units on adjoining lots
				  provided that the certificate holder operates the mental health programs as one
				  program using the same administrator and mental health program director.
1. New section
					 filed 6-24-98; operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 2 - Mental Health Program Certification Procedures › Section 1904 - Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an
				  application is submitted pursuant to Section
				  1902 the Department will inform the
				  applicant, within thirty (30) calendar days of receipt of the application, that the
				  application is complete and accepted for filing or that the application is deficient
				  and what specific information or documentation is required to complete the
				  application.
(1) The Department shall inform each
				  applicant of the statutory statewide limits on the number of licensed CTF beds
				  imposed by Section
				  4094.7
				  of the Welfare and Institutions Code, regional restrictions on CTFs required by
				  state law, and the effect that these limits will have on their
				  application.
(2) The Department shall
				  inform each applicant how the criteria used by the Department to determine the
				  providers of CTF services within the state affected the certification or
				  certification denial of their proposed mental health treatment program. The criteria
				  will measure how the proposed mental health treatment program meets:
(A) Regional service needs;
(B) Treatment program needs of the target
				  population;
(C) Fiscal accountability
				  and stability; and
(D) Experience in
				  providing residential treatment services.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 2 - Mental Health Program Certification Procedures › Section 1905 - Mental Health Program Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall issue a certificate of approval to applicants it approves to be a
				  regional CTF provider.
(b) The
				  Department shall notify the California Department of Social Services in writing of
				  the certification of the program of a specific applicant.
(c) Mental health program certification shall
				  expire one year from the date of issuance.
1. New section
					 filed 6-24-98; operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 2 - Mental Health Program Certification Procedures › Section 1906 - Application for Renewal of Mental Health Program Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall renew certification of the certificate holder's program based on
				  the results of a yearly site visit by a Department representative or designee which
				  verifies that all requirements of this chapter and requirements of the California
				  Department of Social Services continue to be met.
(b) The Department shall notify the certificate
				  holder, in writing, of the certification renewal or non renewal with an explanation
				  of the reasons for non renewal within sixty (60) calendar days of the site
				  visit.
(c) The Department shall notify
				  the California Department of Social Services of the renewal certification or non
				  renewal of certification of each CTF program.
(d) Pending the issuance of a renewal
				  certification pursuant to subsection (a) or the notification of non renewal pursuant
				  to subsection (b), the current certification shall remain in effect.
1. New section
					 filed 6-24-98; operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 2 - Mental Health Program Certification Procedures › Section 1907 - Submission of a New Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  certificate holder shall be required to file a new application, as required in
				  Section 1902, whenever there is a change in
				  conditions or limitations described on the current license as issued by the
				  California Department of Social Services, or other changes including but not limited
				  to the following:
(1) Changes in the facility's
				  plan of operation, as required in Section
				  1919 of this chapter;
(2) Changes in the limitations on the number of
				  beds authorized for mental health program certification on a statewide basis, as
				  established in statute;
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 3 - Administrative Actions › Section 1908 - Denial of Application for Mental Health Program Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall deny an application for mental health program certification if it
				  is determined that the applicant is not in compliance with the provisions of this
				  chapter.
(b) If the application for
				  initial mental health program certification is denied, the Department shall notify
				  the applicant and the California Department of Social Services of the denial in
				  writing. The notification shall set forth the reason for the denial and advise the
				  applicant of the right to petition for a hearing to appeal the decision.
(c) An applicant may contest a certification
				  denial by submitting a written request for a hearing to appeal the decision to the
				  Department within fifteen (15) calendar days of receipt of the denial notice. Upon
				  receipt of a written request the Department will forward a copy of the request for
				  hearing, along with any documentation, to the California Department of Social
				  Services.
(d) A hearing concerning
				  denial of mental health program certification and/or licensure shall be conducted by
				  the California Department of Social Services and held jointly with the
				  Department.
(e) The proceedings for the
				  hearing shall be governed by Chapter 5, commencing with Section
				  11500, Part 1 of Division 3 of Title 2
				  of the Government Code.
(f) The
				  Department shall provide consultation and documentation to the California Department
				  of Social Services for any administrative proceeding regarding denial of a CTF
				  license.
1. New article 3
					 (sections 1908-1909) and section filed 6-24-98;
					 operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 3 - Administrative Actions › Section 1909 - Revocation or Suspension of Mental Health Program Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may immediately suspend or revoke mental health program certification of
				  a facility after a notice of noncompliance is given to the provider pursuant to
				  Section 1915 on any of the following grounds:
(1) Violation of any provision of this chapter
				  which places the health or safety of a child in jeopardy;
(2) Aiding, abetting, or permitting the violation
				  of any provision of this chapter;
(3)
				  Conduct by the certificate holder or any employee, or contractor to the certificate
				  holder which represents an immediate or substantial threat to the physical health,
				  mental health, or safety of any child in the facility.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 4 - Oversight and Enforcement Provisions › Section 1910 - Department Oversight

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A CTF shall
				  participate fully in the ongoing oversight of a certified mental health treatment
				  program by allowing announced and unannounced site visits by Department
				  representatives and by submitting required reports as described in Section
				  1912 for monitoring by the
				  Department.
(b) A CTF shall fully
				  cooperate in the following:
(1) Periodic reviews of
				  program and fiscal operations of a CTF by a Department representative to verify that
				  all mental health treatment services are provided in compliance with this
				  chapter;
(2) Immediate on-site
				  investigations by a Department representative, as specified in Section
				  1914 of this chapter, of a CTF mental
				  health treatment services program whenever there is a threat to the health or safety
				  of the children placed in a CTF;
(3)
				  Monitoring activities by a Department representative for compliance with all
				  applicable patient's rights regulations and admission and discharge due process
				  requirements and procedures as described in Sections
				  1923 through
				  1938 of this
				  chapter.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 4 - Oversight and Enforcement Provisions › Section 1911 - Inspection by Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any duly
				  authorized representative of the Department shall, upon presentation of proper
				  identification, be allowed to enter and inspect any location of a CTF or premise
				  designated by an applicant as a proposed CTF at any time, with or without advance
				  notice to the certificate holder or applicant, to ensure compliance with, or to
				  prevent a violation of, any provisions of this chapter. The Department shall have
				  the authority to make any number of visits to a CTF mental health program site in
				  order to determine compliance with this chapter.
1. New section
					 filed 6-24-98; operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 4 - Oversight and Enforcement Provisions › Section 1912 - Required Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  certificate holder shall report to the Department the following information every
				  six (6) months:
(1) Occupancy rate of the
				  facility;
(2) Average length of stay,
				  specifying the average number of days spent in secure settings and days spent in
				  non- secure settings;
(3) Numbers of
				  admissions of CTF residents to acute inpatient psychiatric settings;
(4) Listing of counties utilizing the facility and
				  numbers of placements per county;
(5)
				  Demographic information of admitted children, including age, gender, ethnicity and
				  placing agency or authority;
(6) Number
				  of requested pre-admission hearings conducted pursuant to In re Roger S. [19 Cal. 3d
				  921(1977)], hereinafter referred to as "Roger S.," administrative hearings, waivers
				  of the right to such a hearing, and requests for writs of habeas corpus per the
				  following categories of children placed within the facility: court ward; court
				  dependent; educationally placed; and private pay.
(7) Other information requested by the Department
				  to resolve any fiscal or programmatic issues raised by the information reported
				  pursuant to this subsection.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 4 - Oversight and Enforcement Provisions › Section 1913 - Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
				  may submit a complaint to the Department concerning the operation of a CTF mental
				  health program in accordance with the provisions of this chapter.
(b) The California Department of Social Services
				  shall report to the Department when there is reasonable cause to believe that a CTF
				  is not in compliance with the program standards established in this
				  chapter.
(c) The complaint may be made
				  to the Department either orally by phoning 916-327-8378, or in writing at Department
				  of Health Care Services, P.O. Box 997413, MS 2633, Sacramento, CA 95899-7413,
				  specifying enough details of the alleged violation to enable the Department to
				  determine the date of the alleged violation, who was involved, and what the alleged
				  violation was.
(d) The substance of the
				  complaint shall be communicated to the certificate holder no earlier than at the
				  time of the on-site investigation if silence regarding the complaint issue is
				  necessary for purposes of conducting an unannounced investigation.
(e) Unless the complainant specifically requests
				  otherwise, neither the substance of the complaint provided the certificate holder
				  nor any copy of the complaint or any record published, released or otherwise made
				  available to the certificate holder shall disclose the name of any person mentioned
				  in the complaint except the name of any duly authorized representative of the
				  Department or the California Department of Social Services, conducting the
				  investigation or inspection pursuant to this chapter.
1. New section
					 filed 6-24-98; operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
2. Change without regulatory effect amending
					 subsection (c) and NOTE filed 8-26-2015 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2015, No. 35).
3. Change without regulatory effect
					 amending subsection (c) filed 2-16-2023 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2023, No. 7).
Note: Authority cited: Sections
						4094,
						10725
						and
						14700,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 4 - Oversight and Enforcement Provisions › Section 1914 - Investigation Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				  receipt of a complaint regarding an alleged violation of any provision of this
				  chapter, the Department representative may do one or more of the following:
(1) Make a preliminary review and determine that
				  there is or is not a reasonable basis for the complaint.
(A) If there is reasonable basis for the
				  complaint, Department staff may schedule an on-site investigation within ten (10)
				  calendar days after receiving the complaint.
(B) If there is reasonable basis for the
				  complaint, Department staff may contact the certificate holder directly to further
				  discuss the complaint and to determine if corrective actions are
				  necessary.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 4 - Oversight and Enforcement Provisions › Section 1915 - Notice of Noncompliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to
				  completion of an inspection, investigation or record review, the certificate holder
				  or his designee, and the Department representative shall meet to discuss any
				  noncompliance, jointly develop a plan for correcting each noncompliance, and
				  acknowledge receipt of the notice of noncompliance which shall include:
(1) A citation of the statute or the regulation
				  which has been violated;
(2) A
				  description of the nature of the noncompliance, stating the manner in which the
				  certificate holder failed to comply with a specified statute or
				  regulation;
(3) A plan developed for
				  correcting each noncompliance;
(4) A
				  date by which each noncompliance shall be corrected.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 4 - Oversight and Enforcement Provisions › Section 1916 - Determining Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A follow-up
				  visit may be conducted by the Department representative to determine compliance with
				  the plan of correction specified in the notice of noncompliance.
(b) If a follow-up visit indicates that a
				  deficiency was not corrected on or before the date specified in the notice of
				  noncompliance, the Department shall initiate proceedings for the revocation or
				  suspension of the mental health program certification.
(c) Notwithstanding Section
				  1916 (b), a Department
				  representative shall have the authority to extend the date specified for corrections
				  of a deficiency if warranted by the facts or circumstances presented in support of a
				  request for extension.
(d) The
				  certificate holder may request an extension in writing which the Department must
				  receive at least seven (7) calendar days prior to the date specified in the notice
				  of noncompliance for completion of the plan of correction.
1. New section
					 filed 6-24-98; operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 4 - Oversight and Enforcement Provisions › Section 1917 - Administrative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  certificate holder may request an administrative review of a notice of noncompliance
				  within ten (10) working days of receipt of such notice.
(1) The written request for an administrative
				  review of a notice of noncompliance submitted by a certificate holder to the
				  Department does not change the time limits for correcting the deficiency cited in
				  the notice of noncompliance.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1918 - Facility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  certificate holder shall comply with all regulations established by the California
				  Department of Social Services pertaining to a licensed CTF.
(b) A CTF mental health program shall have the
				  capacity to provide secure containment.
1. New article 5
					 (sections 1918-1930) and section filed 6-24-98;
					 operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
2. Governor Newsom issued Executive Order N-55-20
					 (2019 CA EO 55-20), dated April 22, 2020, which suspended certain provisions related
					 the operation of treatment and rehabilitation facilities that could restrict
					 staffing flexibility, due to the COVID-19 pandemic.
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1920 - Mental Health Program Director Requirements and Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A CTF shall
				  have a mental health program director who shall be a licensed mental health
				  professional as defined in this chapter. The mental health program director shall
				  have at least three years of post graduate direct clinical experience with seriously
				  emotionally disturbed children, at least one year of which shall be in the position
				  of supervising direct care staff.
(b)
				  The mental health program director shall be responsible for the following:
(1) Ensuring the provision of appropriate mental
				  health services to the children in the facility;
(2) Ensuring timely completion of all activities,
				  documentation and reports as required by Section
				  1927 (a-j) of this chapter;
(3) Assessing the facility's mental health
				  services on a quarterly basis and providing a signed and dated report summary to the
				  CTF certificate holder with any recommendations that address identified
				  problems;
(4) Supervising, or ensuring
				  supervision by a qualified individual, of licensed mental health professionals and
				  child care staff regarding specific roles and responsibilities in delivering and
				  monitoring mental health services for each child in a CTF;
(5) Reviewing all incidents of physical restraint
				  and seclusion within the facility, including all necessary staff debriefings, staff
				  meetings, individual supervision of staff, recommended changes in facility staffing
				  patterns, recommended additional training, and each child's NSP, for the purpose of
				  reducing physical restraint and seclusion.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1921 - Licensed Mental Health Treatment Staffing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  certificate holder shall employ sufficient numbers of licensed mental health
				  professionals and licensed nursing staff.
(b) All mental health professionals providing
				  services in a CTF shall meet all professional licensing and certification
				  requirements.
(c) All program nursing
				  services shall be provided by licensed nursing staff. Program nursing services shall
				  include but not be limited to physical assessment, dispensing psychotropic
				  medication, providing discipline, and monitoring seclusion and restraint.
(d) All program nursing services shall be provided
				  under the direction of a registered nurse who shall meet at least the following
				  qualifications:
(1) A master's degree in
				  psychiatric nursing or related field with experience in administration; or
(2) Two years of experience in psychiatric
				  nursing; or
(3) Two years of experience
				  in nursing administration or supervision and one year of experience in psychiatric
				  nursing.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1922 - Required Staff Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All staff
				  persons working directly with children shall receive training in the following
				  areas:
(1) Children's due process and patient's
				  rights as defined in federal and state statutes, regulations and case law and
				  appropriate management of requests from a child regarding his due process or
				  patient's rights;
(2) Monitoring and
				  documenting responses to psychotropic medications and recognizing possible side
				  effects in children and adolescents;
(3)
				  A staff member shall have participated in at least sixteen (16) hours of basic
				  training in the areas of preventing and managing assaultive and self-injurious
				  behaviors prior to participating in the physical restraint or seclusion of a
				  child.
(4) All direct care staff shall
				  be trained in first aid and cardiopulmonary resuscitation, and in emergency
				  intervention techniques and methods approved by the Community Care Licensing
				  Division of the State Department of Social Services.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1924 - Continuing Stay Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Continuing
				  stay criteria used by a CTF shall include documentation by the CTF psychiatrist of
				  the continuation of admission criteria in addition to written documentation from the
				  appropriate interagency placement committee, or other designated external case
				  manager, such as the probation department, county mental health department, or
				  private insurance utilization review personnel, supporting the decision for
				  continued placement of the child within a CTF. Continuing stay criteria shall be
				  reviewed by a CTF in intervals not to exceed ninety (90) days. Findings shall be
				  entered into each child's facility record.
(b) Individuals who are special education pupils
				  identified in paragraph (4) of subdivision (c) of Section
				  56026 of the
				  Education Code and who are placed in a CTF prior to age eighteen (18) pursuant to
				  Chapter 26.5 of the Government Code may continue to receive services through age 21
				  provided the following conditions are met:
(1)
				  They continue to satisfy the requirements of subsection (a);
(2) They have not graduated from high
				  school;
(3) They sign a consent for
				  treatment and a release of information for CTF staff to communicate with education
				  and county mental health professionals after staff have informed them of their
				  rights as an adult.
(4) A CTF obtains an
				  exception from the California Department of Social Services to allow for the
				  continued treatment of the young adult in a CTF pursuant to Section
				  80024, Title 22, Division 6, Chapter 1
				  of the California Code of Regulations.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1925 - Discharge and Release Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When it is
				  deemed clinically appropriate a child shall be discharged from a CTF after
				  completing normal discharge procedures.
(b) When it is not deemed clinically appropriate
				  for a child to be discharged from a CTF a child shall be released under the
				  following circumstances:
(1) A child admitted to
				  the facility pursuant to Subsection (b)(1) of Section
				  1923 is deemed to be a voluntary patient
				  and may revoke the voluntary status by giving notice of his desire to leave the
				  facility to any member of the CTF staff. The child may make this notification
				  directly or through an attorney or advocate. When staff is notified of a child's
				  desire to revoke his voluntary consent to treatment, the court shall be notified no
				  later than within one working day by a CTF staff person pursuant to Section
				  6552
				  of the Welfare and Institutions Code, and arrangements shall be made to return the
				  child to the court. If the child leaves the care and custody of a CTF without
				  permission prior to being discharged by a CTF, the juvenile court shall be notified
				  immediately;
(2) A child admitted to a
				  CTF pursuant to Subsection (b)(2) of Section
				  1923 is deemed to be a voluntary patient
				  and the child's conservator, appointed in accordance with Section
				  5350
				  of the Welfare and Institutions Code, may revoke the voluntary status by giving
				  notice to the facility;
(3) A child
				  admitted to a CTF pursuant to Subsection (b)(3) or (b)(4) of Section
				  1923 and the child's parents, or the
				  parent entitled to sole custody of the minor may remove the child from a CTF after
				  completing normal CTF discharge procedures.
(4) A special education pupil over the age of
				  eighteen who is continuing to receive treatment pursuant to Section
				  1924(b) need only
				  withdraw consent for treatment to be discharged if he is not a ward of the court or
				  under the care and custody of a conservator.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1926 - Habeas Corpus Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
				  Section
				  4094.6
				  of the Welfare and Institutions Code, every child placed in a CTF has a right to a
				  hearing by writ of habeas corpus, including court appointed counsel, within two (2)
				  days of filing a petition with the superior court of the county in which the
				  facility is located. The child may make this request directly or through an attorney
				  or advocate.
(b) Any member of a CTF
				  staff to whom a request for release is made shall promptly do the following:
(1) Provide the child making the request with a
				  form for a request for release or mark a copy of the form for the child. The form
				  shall be substantially as follows:
(Name of the Facility)______________________________day of
					 ____________________19___
I, ______________________________ (member of the CTF staff) have
					 today received a request for the release of ____________________ (name of child)
					 from the undersigned child on his or her own behalf or from the undersigned person
					 on behalf of the child.
__________________________________________________
Signature or mark of child making request for release.
__________________________________________________
Signature or mark of person making request for release on behalf
					 of patient.
__________________________________________________
Signature or mark of staff person receiving request for
					 release
(2) Deliver the completed
				  request form to the CTF administrator and note the request in the child's facility
				  record;
(3) As soon as possible, but not
				  longer than the next working day, a member of the facility staff shall submit the
				  request for release form to the superior court of the county in which the facility
				  is located;
(4) As soon as possible, but
				  not longer than twenty-four (24) hours from the request for release, the member of
				  the facility staff shall inform the individual who admitted the child of the request
				  for release;
(5) A copy of the child's
				  request for release, along with notification documents to the superior court shall
				  be maintained in the child's facility record;
(6) The CTF administrator shall ensure that the
				  child is informed as soon as possible of the date, time and location of the
				  hearing.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1927 - Mental Health Program Components and Documentation Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  certificate holder of a CTF shall ensure that the required child facility records
				  are kept on each child residing within the facility. Required child facility records
				  include:
(1) A signed and dated copy of the
				  interagency placement committee's placement authorization letter from the child's
				  county of residence;
(2) Documentation
				  of the child's, and his parents' or conservator's voluntary consent to treatment,
				  when applicable;
(3) The intake
				  report;
(4) The admission
				  assessment;
(5) A psychiatric
				  evaluation;
(6) A needs and services
				  plan;
(7) Daily progress
				  notes;
(8) Monthly clinical review
				  reports;
(9) Written informed consent by
				  the child for prescribed psychotropic medication, and, when applicable, by the
				  parents, conservator or judge pursuant to Section
				  851 of Chapter 4;
(10) A copy of the court order for conservatorship
				  if the child is conserved;
(11) A copy
				  of the administrative hearing ruling if the child contested placement and a
				  pre-admission administrative hearing was held or a copy of the form waiving this
				  right signed by the child;
(12) A
				  discharge summary;
(13) A discharge
				  report.
(14) A Welfare and Institutions
				  Code, Section
				  6552
				  order if the child is a ward or dependent of the court.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1928 - Psychotropic Medication Control and Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A CTF shall
				  have written protocols for psychotropic medication control and monitoring that
				  require:
(1) Examination of each child by the
				  prescribing physician, prior to prescribing any psychotropic medication which shall
				  include screening for medical complications which may contribute to the child's
				  mental disorder;
(2) A written
				  medication review by the treating physician at least every thirty (30) days as
				  clinically appropriate, based upon actual observations of the child and a review of
				  a child's progress notes recorded by treatment team staff. This review shall be
				  included in the child's facility record and shall include:
(A) Observations concerning the presence or
				  absence of any side effects;
(B)
				  Response to each psychotropic medication currently prescribed;
(C) Compliance with the medication plan;
(D) Justification for continued medication use
				  and/or any changes in the medication plan.
(3) Appropriate documentation of informed consent
				  from the child, and, when applicable, the parent, conservator, or judge pursuant to
				  Title 9, Division 1, Chapter 4, Article 5.5, Section
				  851 of the California Code of
				  Regulations;
(A) Psychotropic medications for a
				  child placed in a CTF shall only be prescribed by the attending physician with the
				  written informed consent of the child, and, when applicable, the parents,
				  conservator or judge pursuant to Title 9, Division 1, Chapter 4, Article 5.5,
				  Section 851 of the California Code of
				  Regulations.
(B) No provisions included
				  within the facility's written protocols shall allow for prior blanket consent for
				  psychotropic medications to be prescribed for, administered to, or passed to a
				  child.
(4) Procedures for
				  monitoring psychotropic medications by a person licensed to prescribe or dispense
				  prescription drugs, with the current name and qualifications of the person who shall
				  conduct the monitoring.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 5 - Continuing Requirements › Section 1930 - Discipline Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  applicant or certificate holder shall develop, maintain and implement written
				  discipline practice policies that are consistent with the NSP of the child and
				  ensure that all staff follow these procedures when disciplining a child including
				  the following:
(1) A directive that under no
				  circumstance shall physical restraint be used as a disciplinary action;
(2) Reviews, to include a licensed mental health
				  professional, of each disciplinary action initiated by staff;
(3) Joint reviews by the program director,
				  licensed mental health professionals, and the facility staff of discipline practices
				  approved for use within the facility.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 6 - Personal Rights › Section 1931 - Patient's Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any child
				  admitted to a CTF shall be afforded the legal and civil rights as prescribed in
				  Article 7, Sections
				  4095,
				  5325,
				  5325.1,
				  5325.2
				  and
				  5326
				  of the Welfare and Institutions Code. In addition, any child admitted to a CTF shall
				  have the right to participate in daily outdoor activities, weather
				  permitting.
1. New article 6
					 (sections 1931-1938) and section filed 6-24-98;
					 operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
2. Governor Newsom issued Executive Order N-55-20
					 (2019 CA EO 55-20), dated April 22, 2020, which suspended certain provisions related
					 the operation of treatment and rehabilitation facilities that could restrict
					 staffing flexibility, due to the COVID-19 pandemic.
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 6 - Personal Rights › Section 1932 - Notification of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following shall remain posted in all wards and common living areas of a CTF:
(1) A list of the rights set forth in Sections
				  5325,
				  5325.1
				  and
				  5325.2
				  of the Welfare and Institutions Code;
(2) A statement that any child admitted to a CTF
				  has the right to a hearing by writ of habeas corpus pursuant to Section
				  4095
				  of the Welfare and Institutions Code; and,
(3) The complaint procedure prescribed in Section
				  1933.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 6 - Personal Rights › Section 1933 - Complaint Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The list of
				  rights and resources that must be posted, provided or explained to the children in a
				  CTF pursuant to Section
				  1932 shall contain:
(1) Notification that any child who believes a
				  right of his has been abused, punitively withheld or unreasonably denied may file a
				  complaint with the Department or the county patients' rights advocate;
(2) The human rights unit of the Department and
				  the name of the county patients' rights advocate who has been assigned to handle
				  such complaints and his telephone number.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 12 - Mental Health Program Standards for the Community Treatment Facility › Article 6 - Personal Rights › Section 1934 - Denial of Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The rights
				  listed in subsection (a) through (e) of Section
				  5325
				  of the Welfare and Institutions Code, and the right to participate in daily outdoor
				  activities, weather permitting, may be denied a child in a CTF only upon the failure
				  of all other means taken to resolve the behavior necessitating denial.
(b) Agreements and negotiations between the child,
				  administrator and social worker shall be the primary means of resolving problems
				  regarding the rights of the child.
(c)
				  If a CTF, after complying with subsections (a) and (b) of this section, wishes to
				  deny one or more of the rights delineated in subsection (a), the procedures outlined
				  in Section 1935 must be followed.
1. New section
					 filed 6-24-98; operative 7-1-98 pursuant to Government Code section
					 11343.4(d)
					 (Register 98, No. 26).
2. Governor Newsom issued Executive Order N-55-20
					 (2019 CA EO 55-20), dated April 22, 2020, which suspended certain provisions related
					 the operation of treatment and rehabilitation facilities that could restrict
					 staffing flexibility, due to the COVID-19 pandemic.
Note: Authority cited: Section
						4094,
						Welfare and Institutions Code. Reference: Sections
						4094 et seq., Welfare and Institutions
						Code; and Section
						1502,
						Health and Safety Code.