reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › SERVICE AREAS › Section 6350.24 - Inhome therapy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						service should be available when the family member with an intellectual
						disability must receive therapy or a nonpublic school program in his own home.
						It insures the family that the family member with an intellectual disability
						will receive important treatment or therapy even in the event that he is
						"homebound." This service is primarily directed to those individuals with an
						intellectual disability who have multiple disabilities or significant medical
						needs, or both. Except in unusual circumstances, it should not be utilized when
						the individual with an intellectual disability is capable of leaving his home
						to receive such needed therapy.
(1) Visiting
						nurses/related inhome medical therapy is an acceptable inhome therapy service.
						This service may include professional or paraprofessional personnel who perform
						such tasks as:
(i) Assisting the parents with
						special medically related problems and training these parents to perform these
						functions when possible.
(ii) Tube
						feeding, respiration control (oxygen), other special feeding
						techniques.
(iii) Administering
						medication.
(iv)
						Exercising.
(v)
						Dietetics.
(vi) Other medical
						treatment as directed by the physician.
(vii) General health care.
(viii) Caring for the convalescing individual
						with an intellectual disability after he has been hospitalized.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › SERVICE AREAS › Section 6350.25 - Family education/training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Family education/training services may be
						made available to parents of a child or adult with an intellectual disability,
						to individuals with an intellectual disability who are parents, and to spouses
						and siblings or other family members to assist them in dealing appropriately
						with a family member with an intellectual disability. Programs under this
						service may include education/training in family dynamics, parent/child
						relationships, behavior management, genetic counseling, family planning, or any
						other type of program designed to maintain the family as a cohesive
						unit.
(b) Family education training
						services may be funded through the Family Resource Services (FRS) Program
						provided that they are consistent with the following criteria:
(1) The nature and purpose of the training
						program must be consistent with the intent of the FRS Program.
(2) All education/training programs funded
						through the FRS Program must be approved by the County Mental
						Health/Intellectual Disability (MH/ID) Office.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › SERVICE AREAS › Section 6350.26 - Recreation/leisure-time activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Recreation programs should allow the individual with an intellectual disability
						to experience regular community leisure-time activities, increase his ability
						to participate in these activities independently, and enhance his physical or
						psycho-social development, or both.
(b) It is important that the individual with
						an intellectual disability is given every opportunity to interact with
						nonrelated people in the mainstream of activity within the community. The
						following eligible situations are listed in order of priority and should be
						considered when funding recreation programs through the Family Resource
						Services (FRS) Program:
(1) The individual
						with an intellectual disability is integrated into regular community facilities
						and programs, that is, the individual with an intellectual disability
						participates in a regular program designed for individuals without an
						intellectual disability.
(2) The
						individual with an intellectual disability is in a segregated program but in
						existing community facilities intended for the general population and where
						individuals without an intellectual disability are recreating at the same time,
						such as, a summer recreation program designed specifically for a group of
						individuals with an intellectual disability which takes place on a community
						playground where individuals without an intellectual disability are also
						recreating.
(3) The individual with
						an intellectual disability is in segregated programs in existing community
						facilities intended for the general population but regular recreation programs
						are not scheduled at the same time, such as, a scout troop with membership
						limited to individuals with an intellectual disability may hold its functions
						in a community facility during times when individuals without an intellectual
						disability are not scheduled to participate in programs at the
						facility.
(4) Special facilities
						and programs within the community serving only individuals with disabilities
						are used for recreation purposes, such as, a sheltered workshop which operates
						an evening recreation program.
(5)
						Segregated recreation programs are provided in isolated areas outside of the
						community which do not allow any socially integrative opportunities, such as,
						recreation programs designed for individuals with an intellectual disability
						living within the community which take place on State center grounds.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Article II - Funding › Chapter 6350 - FAMILY RESOURCE SERVICES › SERVICE AREAS › Section 6350.27 - Special innovative services

Current through Register Vol. 54, No. 28, July 13, 2024
It is recognized that there may be instances in which a
						  given County MH/ID Office may discover an unmet need for the provision of a
						  new, innovative service/opportunity for individuals with an intellectual
						  disability living in a community setting or for families who have a family
						  member with an intellectual disability living within the home, and such a
						  service/opportunity may not be specifically defined in this chapter. Such
						  services/opportunities may only be funded through the Family Resources Services
						  (FRS) Program if they meet the following criteria:
(1) The new, innovative program must conform
						to and be consistent with the definition and intent of the FRS
						Program.
(2) The new, innovative
						program must not contain provisions which are contradictory to any of the
						provisions specified in the existing FRS Program service areas as defined in
						this chapter.
(3) All
						services/opportunities considered for FRS funding under this category must have
						written approval by the appropriate Department's DHS regional office prior to
						implementation.
(4) The
						expenditures for all services/opportunities funded under this category by a
						given County MH/ID Office may not exceed 10% of the total FRS annual allocation
						for the County MH/ID Office.
The provisions of this §
														6350.27 amended under sections
							 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
							 1966 (50 P.S. §§
															4201(2) and
							 (8) and
							 4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL PROVISIONS › Section 6400.1 - Introduction

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is based on the principle of integration
						  and the right of the individual with an intellectual disability or autism to
						  live a life which is as close as possible in all aspects to the life which any
						  member of the community might choose. For the individual with an intellectual
						  disability or autism who requires a residential service, the design of the
						  service shall be made with the individual's unique needs in mind so that the
						  service will facilitate the individual's ongoing growth and development.
The provisions of this §
														6400.1 amended under sections
							 201(2), 403(b), 403.1(a) and (b), Articles IX and X of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b) and
							 901-922 and 1001-1088); and section 201(2) of the Mental Health and
							 Intellectual Disability Act of 1966 (50 P.S. §
															4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL PROVISIONS › Section 6400.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to protect the health,
						  safety and well-being of individuals with an intellectual disability or autism,
						  through the formulation, implementation and enforcement of minimum requirements
						  for the operation of community homes for individuals with an intellectual
						  disability or autism.
The provisions of this §
														6400.2 amended under sections
							 201(2), 403(b), 403.1(a) and (b), Articles IX and X of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b) and
							 901-922 and 1001-1088); and section 201(2) of the Mental Health and
							 Intellectual Disability Act of 1966 (50 P.S. §
															4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL PROVISIONS › Section 6400.3 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
						applies to community homes for people with an intellectual disability or
						autism, except as provided in subsection (f).
(b) This chapter contains the minimum
						requirements that shall be met to obtain a certificate of compliance. A
						certificate of compliance shall be obtained prior to operation of a community
						home for individuals with an intellectual disability or autism.
(c) This chapter applies to profit,
						nonprofit, publicly funded and privately funded homes.
(d) Each home serving nine or more
						individuals shall be inspected by the Department each year and shall have an
						individual certificate of compliance specific for each building.
(e) Each agency operating one or more homes
						serving eight or fewer individuals shall have at least a sample of its homes
						inspected by the Department each year. The certificate of compliance issued to
						an agency shall specify the location and maximum capacity of each home the
						agency is permitted to operate.
(f)
						This chapter does not apply to the following:
(1) Private homes of persons providing care
						to a relative with an intellectual disability or autism.
(2) Residential facilities operated by the
						Department.
(3) Intermediate care
						facilities for individuals with an intellectual disability licensed by the
						Department in accordance with Chapter 6600 (relating to intermediate care
						facilities for individuals with an intellectual disability) or intermediate
						care facilities for individuals with other related conditions.
(4) Foster family care homes licensed by the
						Office of Children, Youth and Families of the Department that serve only foster
						care children.
(5) Summer
						camps.
(6) Facilities serving
						exclusively personal care home, drug and alcohol, mental health or domiciliary
						care residents.
(7) Residential
						homes for three or fewer people with an intellectual disability or autism who
						are 18 years of age or older and who need a yearly average of 30 hours or less
						direct staff contact per week per home.
(8) Child residential facilities which serve
						exclusively children, which are regulated under Chapter 3800 (relating to child
						residential and day treatment facilities).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL PROVISIONS › Section 6400.3a - Clarification of the applicability of this chapter to private homes-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						specified in subsection (b), private homes under §
												6400.3(f)(1)
						(relating to applicability) include homes owned or leased by individuals with
						intellectual disabilities or their families.
(b) Homes owned or leased by providers are
						not private homes and must be licensed under this chapter regardless if these
						homes are subsequently leased by the providers to individuals with intellectual
						disabilities or their families.
(c)
						Private homes under subsection (a) are not subject to licensure under this
						chapter.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL PROVISIONS › Section 6400.5 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.11 - Licensure or approval of facilities and agencies

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements specified in Chapter 20 (relating to
						  licensure or approval of facilities and agencies) shall be met.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.12 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Appeals related
						to the Department's licensure shall be made in accordance with
						2
						Pa.C.S. §§
													501-508 and
						701-704 (relating to the
						Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of
						Administrative Practice and Procedure).
(b) Appeals related to the Department's
						licensure shall be made by filing a petition within 30 days after service of
						notice of the action.
(c)
						Subsection (b) supersedes the appeal period of 1 Pa. Code §
												35.20 (relating to appeals from
						actions of the staff).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.13 - Maximum capacity

Current through Register Vol. 54, No. 28, July 13, 2024
The maximum capacity specified on the certificate of
						  compliance may not be exceeded.
This section cited in 55 Pa. Code §
														6000.303 (relating to no license
							 factors); and 55 Pa. Code §
														6000.304 (relating to provisional
							 license factors).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.14 - Fire safety occupancy permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						the home is located outside Philadelphia, Scranton or Pittsburgh and serves
						four or more individuals or if the home is located in a multiple family
						dwelling, the home shall have a valid fire safety occupancy permit listing the
						appropriate type of occupancy from the Department of Labor and Industry or the
						Department of Health. If the home is located in Philadelphia, Scranton or
						Pittsburgh, the home shall have a valid fire safety occupancy permit from the
						Department of Health or the Department of Public Safety of the city of
						Pittsburgh, the Department of Licensing and Inspection of the city of
						Philadelphia or the Department of Community Development of the city of
						Scranton, if required by State law or regulation or local codes.
(b) If the fire safety occupancy permit is
						withdrawn, restricted or revised, the home shall notify the Department orally
						within 1 working day and in writing within 2 working days.
(c) If a building is structurally renovated
						or altered after the initial fire safety occupancy permit is issued, the home
						shall have a new occupancy permit or written approval if required from the
						Department of Labor and Industry, the Department of Health, the Department of
						Public Safety of the city of Pittsburgh, the Department of Licensing and
						Inspection of the city of Philadelphia or the Department of Community
						Development of the city of Scranton.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.15 - Self-assessment of homes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						agency shall complete a self-assessment of each home the agency operates
						serving eight or fewer individuals, within 3 to 6 months prior to the
						expiration date of the agency's certificate of compliance, to measure and
						record compliance with this chapter.
(b) The agency shall use the Department's
						licensing inspection instrument for the community homes for individuals with an
						intellectual disability or autism regulations to measure and record
						compliance.
(c) A copy of the
						agency's self-assessment results and a written summary of corrections made
						shall be kept by the agency for at least 1 year.
The provisions of this §
														6400.15 amended under sections
							 201(2), 403(b), 403.1(a) and (b), Articles IX and X of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b) and
							 901-922 and 1001-1088); and section 201(2) of the Mental Health and
							 Intellectual Disability Act of 1966 (50 P.S. §
															4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.16 - Abuse

Current through Register Vol. 54, No. 28, July 13, 2024
Abuse of an individual is prohibited. Abuse is an act
						  or omission of an act that willfully deprives an individual of rights or human
						  dignity or which may cause or causes actual physical injury or emotional harm
						  to an individual, such as striking or kicking an individual; neglect; rape;
						  sexual molestation, sexual exploitation or sexual harrassment of an individual;
						  sexual contact between a staff person and an individual; restraining an
						  individual without following the requirements in this chapter; financial
						  exploitation of an individual; humiliating an individual; or withholding
						  regularly scheduled meals.
This section cited in 55 Pa. Code §
														6000.403 (relating to
							 nonapplicability).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.17 - Child abuse

Current through Register Vol. 54, No. 28, July 13, 2024
The home shall immediately report abuse or suspected
						  abuse of an individual 17 years of age or younger to ChildLine (800) 932-0313.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.18 - Incident report and investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The home shall report the following
						incidents, alleged incidents and suspected incidents through the Department's
						information management system or on a form specified by the Department within
						24 hours of discovery by a staff person:
(1)
						Death.
(2) A physical act by an
						individual in an attempt to complete suicide.
(3) Inpatient admission to a
						hospital.
(4) Abuse, including
						abuse to an individual by another individual.
(5) Neglect.
(6) Exploitation.
(7) An individual who is missing for more
						than 24 hours or who could be in jeopardy if missing at all.
(8) Law enforcement activity that occurs
						during the provision of a service or for which an individual is the subject of
						a law enforcement investigation that may lead to criminal charges against the
						individual.
(9) Injury requiring
						treatment beyond first aid.
(10)
						Fire requiring the services of the fire department. This provision does not
						include false alarms.
(11)
						Emergency closure.
(12) Theft or
						misuse of individual funds.
(13) A
						violation of individual rights.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.19 - Incident procedures to protect the individual

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In investigating an incident, the home
						shall review and consider the following needs of the affected individual:
(1) Potential risks.
(2) Health care information.
(3) Medication history and current
						medication.
(4) Behavioral health
						history.
(5) Incident
						history.
(6) Social
						needs.
(7) Environmental
						needs.
(8) Personal
						safety.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.20 - Incident analysis

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						home shall complete the following for each confirmed incident:
(1) Analysis to determine the cause of the
						incident.
(2) Corrective action, if
						indicated.
(3) A strategy to
						address the potential risks to the individual.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.21 - Criminal history record check

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application for a Pennsylvania
						criminal history record check shall be submitted to the State Police for
						prospective employes of the home who will have direct contact with individuals,
						including part-time and temporary staff persons who will have direct contact
						with individuals, within 5 working days after the person's date of
						hire.
(b) If a prospective employe
						who will have direct contact with individuals resides outside this
						Commonwealth, an application for a Federal Bureau of Investigation (FBI)
						criminal history record check shall be submitted to the FBI in addition to the
						Pennsylvania criminal history record check, within 5 working days after the
						person's date of hire.
(c) The
						Pennsylvania and FBI criminal history record checks shall have been completed
						no more than 1 year prior to the person's date of hire.
(d) A copy of the final reports received from
						the State Police and the FBI, if applicable, shall be kept.
(e) If the home serves primarily individuals
						who are 17 years of age or younger,
						23 Pa.C.S. §§
													6301-6384 (relating to the Child Protective
						Services Law) applies.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.22 - Individual funds and property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There shall be a written policy that
						establishes procedures for the protection and adequate accounting of individual
						funds and property and for counseling the individual concerning the use of
						funds and property.
(b) The home's
						policy may not prohibit the individual's right to manage the individual's own
						finances.
(c) Individual funds and
						property shall be used for the individual's benefit.
(d) The home shall keep an up-to-date
						financial and property record for each individual that includes the following:
(1) Personal possessions and funds received
						by or deposited with the home.
(2)
						Disbursements made to or for the individual.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.23 - Grievance procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The home shall have written grievance procedures for
						  individuals, individual's families, advocates and staff persons, that assure
						  investigation and resolution of complaints.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.24 - Applicable statutes and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
The home shall comply with applicable Federal and State
						  statutes and regulations and local ordinances.
The provisions of this §
														6400.24 issued under sections
							 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b), 911
							 and 1021); and section 201(2) of the Mental Health and Intellectual Disability
							 Act of 1966 (50 P.S. §
															4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › GENERAL REQUIREMENTS › Section 6400.25 - Children's services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						child, the child's parents and the child's legal guardian shall be provided the
						opportunity to participate in the exercise of rights, decision-making and
						individual plan activities, unless otherwise prohibited by court
						order.
(b) The provisions of this
						chapter regarding rights, decision-making and individual plan activities shall
						be implemented in accordance with generally accepted, age-appropriate parental
						decision-making and practices for children, including bedtimes, privacy, school
						attendance, study hours, visitors and access to food and property, and do not
						require a modification of rights in the individual plan in accordance with
						§
												6400.185 (relating to content of
						the individual plan).
(c) The
						individual plan in §
												6400.185 shall include desired
						outcomes relating to strengthening or securing a permanent caregiving
						relationship for the child.
(d) An
						unrelated child and adult may not share a bedroom.
(e) For purposes of this section, a child is
						an individual who is under 18 years of age.
The provisions of this §
														6400.25 issued under sections
							 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b), 911
							 and 1021); and section 201(2) of the Mental Health and Intellectual Disability
							 Act of 1966 (50 P.S. §
															4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › INDIVIDUAL RIGHTS › Section 6400.31 - Exercise of rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						individual may not be deprived of rights as provided under §
												6400.32 (relating to rights of the
						individual).
(b) The home shall
						educate, assist and provide the accommodation necessary for the individual to
						make choices and understand the individual's rights.
(c) An individual may not be reprimanded,
						punished or retaliated against for exercising the individual's
						rights.
(d) A court's written order
						that restricts an individual's rights shall be followed.
(e) A court-appointed legal guardian may
						exercise rights and make decisions on behalf of an individual in accordance
						with the conditions of guardianship as specified in the court order.
(f) An individual who has a court-appointed
						legal guardian, or who has a court order restricting the individual's rights,
						shall be involved in decision-making in accordance with the court
						order.
(g) An individual has the
						right to designate persons to assist in decision-making and exercising rights
						on behalf of the individual.
The provisions of this §
														6400.31 amended under sections
							 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b), 911
							 and 1021); and section 201(2) of the Mental Health and Intellectual Disability
							 Act of 1966 (50 P.S. §
															4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › INDIVIDUAL RIGHTS › Section 6400.33 - Negotiation of choices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						individual's rights shall be exercised so that another individual's rights are
						not violated.
(b) The provider
						shall assist the affected individuals to negotiate choices in accordance with
						the provider's procedures for the individuals to resolve differences and make
						choices.
The provisions of this §
														6400.33 amended under sections
							 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b), 911
							 and 1021); and section 201(2) of the Mental Health and Intellectual Disability
							 Act of 1966 (50 P.S. §
															4201(2)).
This section cited in 55 Pa. Code §
														6400.32 (relating to rights of the
							 individual).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › INDIVIDUAL RIGHTS › Section 6400.34 - Informing of rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The home
						shall inform and explain individual rights and the process to report a rights
						violation to the individual, and persons designated by the individual, upon
						admission to the home and annually thereafter.
(b) The home shall keep a copy of the
						statement signed by the individual, or the individual's court-appointed legal
						guardian, acknowledging receipt of the information on individual
						rights.
The provisions of this §
														6400.34 amended under sections
							 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b), 911
							 and 1021); and section 201(2) of the Mental Health and Intellectual Disability
							 Act of 1966 (50 P.S. §
															4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.41 - Effective date of staff qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sections
						6400.43(c) and
						6400.44(c)
						(relating to chief executive officer; and program specialist) apply to chief
						executive officers and program specialists hired or promoted after November 8,
						1991.
(b) Sections
						6400.43(c) and
						6400.44(c) as
						published as Chapter 9054 at 12 Pa.B. 384 (January 23, 1982) and which appeared
						in this title of the
Pennsylvania Code
at serial pages
						(133677) to (133678) apply to chief executive officers and program specialists
						hired or promoted prior to November 8, 1991.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.42 - Minimum age

Current through Register Vol. 54, No. 28, July 13, 2024
A staff person counted in the staff-individual ratio
						  shall be 18 years of age or older.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.43 - Chief executive officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There shall be one chief executive
						officer responsible for the home or agency.
(b) The chief executive officer shall be
						responsible for the administration and general management of the home,
						including the following:
(1) Implementation of
						policies and procedures.
(2)
						Admission and discharge of individuals.
(3) Safety and protection of
						individuals.
(4) Compliance with
						this chapter.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.44 - Program specialist

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						minimum of 1 program specialist shall be assigned for every 30 individuals. A
						program specialist shall be responsible for a maximum of 30 individuals,
						including individuals served in other types of services.
(b) The program specialist shall be
						responsible for the following:
(1)
						Coordinating the completion of assessments.
(2) Participating in the individual plan
						process, development, team reviews and implementation in accordance with this
						chapter.
(3) Providing and
						supervising activities for the individuals in accordance with the individual
						plans.
(4) Supporting the
						integration of individuals in the community.
(5) Supporting individual communication and
						involvement with families and friends.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.45 - Staffing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A minimum of
						one staff person for every eight individuals shall be awake and physically
						present at the home when individuals are awake at the home.
(b) A minimum of 1 staff person for every 16
						individuals shall be physically present at the home when individuals are
						sleeping at the home.
(c) An
						individual may be left unsupervised for specified periods of time if the
						absence of direct supervision is consistent with the individual's assessment
						and is part of the individual plan, as an outcome which requires the
						achievement of a higher level of independence.
(d) The staff qualifications and staff ratio
						as specified in the individual plan shall be implemented as written, including
						when the staff ratio is greater than required under subsections (a), (b) and
						(c).
(e) An individual may not be
						left unsupervised solely for the convenience of the home or the direct service
						worker.
The provisions of this §
														6400.45 amended under sections
							 201(2), 403(b), 403.1(a) and (b), 901 and 1021 of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b), 901
							 and 1021); and section 201(2) of the Mental Health and Intellectual Disability
							 Act of 1966 (50 P.S. §
															4201(2)).
This section cited in 55 Pa. Code §
														6000.304 (relating to provisional
							 license factors); 55 Pa. Code §
														6400.232 (relating to awake staff
							 persons); and 55 Pa. Code §
														6400.273 (relating to
							 exceptions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.46 - Emergency training

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Program specialists and direct service workers shall be trained before working
						with individuals in general fire safety, evacuation procedures,
						responsibilities during fire drills, the designated meeting place outside the
						building or within the fire safe area in the event of an actual fire, smoking
						safety procedures if individuals or staff persons smoke at the home, the use of
						fire extinguishers, smoke detectors and fire alarms and notification of the
						local fire department as soon as possible after a fire is discovered.
(b) Program specialists and direct service
						workers shall be trained annually by a fire safety expert in the training areas
						specified in subsection (a).
(c)
						Program specialists and direct service workers and at least one person in a
						vehicle while individuals are being transported by the home shall be trained in
						first aid techniques before working with individuals.
(d) Program specialists, direct service
						workers and drivers of and aides in vehicles shall be trained within 6 months
						after the day of initial employment and annually thereafter, by an individual
						certified as a trainer by a hospital or other recognized health care
						organization, in first aid, Heimlich techniques and cardio-pulmonary
						resuscitation.
The provisions of this §
														6400.46 amended under sections
							 201(2), 403(b), 403.1(a) and (b), Articles IX and X of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b),
							 901-922 and 1001-1088); and section 201(2) of the Mental Health and
							 Intellectual Disability Act of 1966 (50 P.S. §
															4201(2)).
This section cited in 55 Pa. Code §
														6000.304 (relating to provisional
							 license factors).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.47 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.48 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.49 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.50 - Training records

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Records of orientation and training, including the training source, content,
						dates, length of training, copies of certificates received and staff persons
						attending, shall be kept.
(b) The
						home shall keep a training record for each person trained.
The provisions of this §
														6400.50 issued under sections
							 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b), 911
							 and 1021); and section 201(2) of the Mental Health and Intellectual Disability
							 Act of 1966 (50 P.S. §
															4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.51 - Orientation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to
						working alone with individuals, and within 30 days after hire, the following
						shall complete the orientation as described in subsection (b):
(1) Management, program, administrative and
						fiscal staff persons.
(2) Dietary,
						housekeeping, maintenance and ancillary staff persons, except for persons who
						provide dietary, housekeeping, maintenance or ancillary services and who are
						employed or contracted by the building owner and the licensed facility does not
						own the building.
(3) Direct
						service workers, including full-time and part-time staff persons.
(4) Volunteers who will work alone with
						individuals.
(5) Paid and unpaid
						interns who will work alone with individuals.
(6) Consultants and contractors who are paid
						or contracted by the home and who will work alone with individuals, except for
						consultants and contractors who provide a service for fewer than 30 days within
						a 12-month period and who are licensed, certified or registered by the
						Department of State in a health care or social service field.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › STAFFING › Section 6400.52 - Annual training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						following shall complete 24 hours of training related to job skills and
						knowledge each year:
(1) Direct service
						workers.
(2) Direct supervisors of
						direct service workers.
(3) Program
						specialists.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › PHYSICAL SITE › Section 6400.61 - Special accommodations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						home serving individuals with a physical disability, blindness, a visual
						impairment, deafness or a hearing impairment shall have accommodations to
						ensure the safety and reasonable accessibility for entrance to, movement within
						and exit from the home based upon each individual's needs.
(b) A home serving individuals with a
						physical disability, blindness, a visual impairment, deafness or a hearing
						impairment shall have adaptive equipment necessary for the individuals to move
						about and function at the home.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › PHYSICAL SITE › Section 6400.62 - Poisons

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Poisonous
						materials shall be kept locked or made inaccessible to individuals.
(b) Poisonous materials may be kept unlocked
						if all individuals living in the home are able to safely use or avoid poisonous
						materials. Documentation of each individual's ability to safely use or avoid
						poisonous materials shall be in each individual's assessment.
(c) Poisonous materials shall be stored in
						their original, labeled containers.
(d) Poisonous materials shall be kept
						separate from food, food preparation surfaces and dining surfaces.
This section cited in 55 Pa. Code §
														6400.273 (relating to
							 exceptions).