Article 9.5. Enhanced Behavioral Supports Homes of California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 9.5.
As used in this article the following terms apply:
(a) "Consumer" or "client" means an individual who has been
determined by a regional center to meet the eligibility criteria of
Section 4512 of the Welfare and Institutions Code and applicable
regulations and for whom the regional center has accepted
(b) "Individual behavior supports plan" means the plan that
identifies and documents the behavior and intensive support and
service needs of a consumer and details the strategies to be employed
and services to be provided to address those needs, and includes the
entity responsible for providing those services and timelines for
when each identified individual behavior support will commence.
(c) "Individual behavior supports team" means those individuals
who develop, monitor, and revise the individual behavior supports
plan for consumers residing in an enhanced behavioral supports home,
pursuant to subdivision (d) of Section 4684.80 of the Welfare and
(a) Each enhanced behavioral supports home shall be
licensed as an adult residential facility or a group home and
certified by the State Department of Developmental Services.
(b) A certificate of program approval issued by the State
Department of Developmental Services shall be a condition of
licensure for the enhanced behavioral supports home by the State
Department of Social Services.
(c) An enhanced behavioral supports home shall not be licensed by
the State Department of Social Services until the certificate of
program approval, granted by the State Department of Developmental
Services, has been received.
(d) Placements of dual agency clients into enhanced behavioral
supports homes that are licensed as group homes shall be subject to
the limitations on the duration of the placement set forth in
Sections 319.2 and 319.3 of, and subparagraph (A) of paragraph (8)
and subparagraph (A) of paragraph (9) of subdivision (e) of Section
361.2 of, the Welfare and Institutions Code.
(e) For the purpose of this article, dual agency clients are
foster children in temporary custody of the child welfare agency
under Section 319 of the Welfare and Institutions Code or under the
jurisdiction of the juvenile court pursuant to Section 300, 450, 601,
or 602 of the Welfare and Institutions Code who are also either a
consumer of regional center services, or who are receiving services
under the California Early Intervention Services Act (Title 14
(commencing with Section 95000) of the Government Code) but who are
under three years of age and have not yet been determined to have a
(f) The State Department of Social Services is not responsible for
any of the following:
(1) Developing and approving a consumer's individual behavior
supports plan in conjunction with the consumer's individual behavior
(2) (A) Oversight of any services that may be provided by a
licensed health professional or licensed mental health professional
to a consumer.
(B) Services provided by a licensed health or licensed mental
health professional means services that may only be provided under
the authority of the licensed health service provider's or licensed
mental health service provider's professional license.
(g) Subdivision (f) does not limit the State Department of Social
Services' ability to enforce Chapter 3 (commencing with Section
1500), and applicable regulations.
The license applicant shall submit a facility program plan
to the State Department of Developmental Services for approval and
submit the approved plan to the State Department of Social Services
as part of the facility plan of operation. The plan of operation
shall be approved by the State Department of Social Services prior to
The State Department of Social Services shall adopt
regulations to address, at a minimum, staffing structure, staff
qualifications, and training. Training requirements shall include a
minimum of 16 hours of emergency intervention training. "Emergency
intervention training" means the techniques the licensee will use to
prevent injury to, and maintain safety for, consumers who are a
danger to themselves or others and shall emphasize positive
behavioral supports and techniques that are alternatives to physical
If the State Department of Social Services determines that
urgent action is necessary to protect a consumer residing in an
enhanced behavioral supports home from physical or mental abuse,
abandonment, or any other substantial threat to their health and
safety, the State Department of Social Services shall notify the
State Department of Developmental Services. The State Department of
Developmental Services may request that the regional center or
centers take action within 24 hours, which may include, as
appropriate, the removal of a consumer from the enhanced behavioral
supports home or obtaining alternative or additional services. When
possible, an individual program plan (IPP) meeting shall be convened
to determine the appropriate action pursuant to this section. In any
case, an IPP meeting shall be convened within 30 days following an
action pursuant to this section.
An enhanced behavioral supports home employing secured
perimeters shall comply with Section 1531.15 and applicable
(a) The State Department of Social Services shall revoke
the enhanced behavioral supports home's facility license if the State
Department of Developmental Services has decertified an enhanced
behavioral supports home program certification pursuant to Article
3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of
the Welfare and Institutions Code.
(b) The State Department of Developmental Services and regional
centers shall, for purposes of assisting in licensing, provide the
State Department of Social Services with all available documentation
and evidentiary support that was submitted to the State Department of
Developmental Services in connection with certification by an
applicant for licensure under this article.
(a) A license shall not be issued pursuant to this article
before emergency regulations for this article filed by the State
Department of Developmental Services have been published.
(b) Emergency regulations to implement this article may be adopted
by the director of the State Department of Social Services in
accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code). These regulations shall be developed in
consultation with system stakeholders. The initial adoption of the
emergency regulations and one readoption of the initial regulations
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the first readoption of those
emergency regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
(c) The adoption, initial amendment, repeal, or readoption of a
regulation authorized by this section is deemed to be an emergency
and necessary for the immediate preservation of the public peace,
health, safety, or general welfare for purposes of Sections 11346.1
and 11349.6 of the Government Code, and the State Department of
Social Services is hereby exempted from the requirement that it
describe specific facts showing the need for immediate action. A
certificate of compliance for these implementing regulations shall be
filed within 24 months following the adoption of the first emergency
regulations filed pursuant to this section. The emergency
regulations may be readopted and remain in effect until approval of
the certificate of compliance.
This article does not interfere with the authority of the
State Department of Social Services to temporarily suspend or revoke
the license of an enhanced behavioral supports home pursuant to
This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends