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Article 9.7. Community Crisis Home Licensure of California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 9.7.
For the purposes of this article, the following
definitions 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 responsibility.
(b) "Individual behavior support plan" means the plan that identifies and documents the behavioral 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 behavioral support will commence.
(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 responsibility.
(b) "Individual behavior support plan" means the plan that identifies and documents the behavioral 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 behavioral support will commence.
(a) (1) Each community crisis home shall be licensed as an
adult residential facility, pursuant to this article, and certified
by the State Department of Developmental Services, pursuant to
Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5
of the Welfare and Institutions Code.
(2) Notwithstanding whether a community crisis home is licensed for more than six consumers, subdivisions (a) and (b) of Section 1524.5 shall apply.
(b) A certificate of program approval issued by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, shall be a condition of licensure for the community crisis home by the State Department of Social Services.
(c) A community crisis home shall not be licensed by the State Department of Social Services until the certificate of program approval, issued by the State Department of Developmental Services, has been received.
(d) The State Department of Social Services shall not be responsible for any of the following:
(1) Developing and approving a consumer's individual behavior support plan in conjunction with the consumer's individual behavior support team.
(2) Oversight of any services that may be provided by a licensed health or licensed mental health professional to a consumer. "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 or licensed mental health service provider's professional license.
(e) Subdivision (d) does not limit the State Department of Social Services' ability to enforce this chapter and applicable regulations.
(2) Notwithstanding whether a community crisis home is licensed for more than six consumers, subdivisions (a) and (b) of Section 1524.5 shall apply.
(b) A certificate of program approval issued by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, shall be a condition of licensure for the community crisis home by the State Department of Social Services.
(c) A community crisis home shall not be licensed by the State Department of Social Services until the certificate of program approval, issued by the State Department of Developmental Services, has been received.
(d) The State Department of Social Services shall not be responsible for any of the following:
(1) Developing and approving a consumer's individual behavior support plan in conjunction with the consumer's individual behavior support team.
(2) Oversight of any services that may be provided by a licensed health or licensed mental health professional to a consumer. "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 or licensed mental health service provider's professional license.
(e) Subdivision (d) does not limit the State Department of Social Services' ability to enforce this chapter and applicable regulations.
The State Department of Social Services' regulations shall
address at least both of the following:
(a) Staffing structure, staff qualifications, and training.
(b) Training requirements shall include a minimum of 16 hours of emergency intervention training. "Emergency intervention training" shall include the techniques the licensee will use to prevent injury and maintain safety regarding consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints.
(a) Staffing structure, staff qualifications, and training.
(b) Training requirements shall include a minimum of 16 hours of emergency intervention training. "Emergency intervention training" shall include the techniques the licensee will use to prevent injury and maintain safety regarding consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints.
(a) When the State Department of Social Services
determines that urgent action is necessary to protect consumers
residing in a community crisis 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 community crisis 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.
(b) Nothing in this article shall interfere with the authority of the State Department of Social Services to temporarily suspend or revoke the license of a community crisis home pursuant to Section 1550.
(b) Nothing in this article shall interfere with the authority of the State Department of Social Services to temporarily suspend or revoke the license of a community crisis home pursuant to Section 1550.
The licensee shall submit the facility program plan
approved by the State Department of Developmental Services, pursuant
to Section 4698 of the Welfare and Institutions Code, 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 licensure.
If applicable, a community crisis home shall be in
compliance with Section 1531.15 and the applicable regulations.
(a) The State Department of Social Services shall revoke
the community crisis home's facility license if the State Department
of Developmental Services has rescinded a community crisis home's
certificate of program approval.
(b) The State Department of Developmental Services and regional centers shall provide the State Department of Social Services all available documentation and evidentiary support necessary for the licensing and administration of community crisis homes and enforcement of this article and the applicable regulations.
(b) The State Department of Developmental Services and regional centers shall provide the State Department of Social Services all available documentation and evidentiary support necessary for the licensing and administration of community crisis homes and enforcement of this article and the applicable regulations.
(a) A license shall not be issued pursuant to this article
until the publication in Title 17 of the California Code of
Regulations of emergency regulations filed by the State Department of
Developmental Services pursuant to Section 4698.1 of the Welfare and
Institutions Code.
(b) Emergency regulations to implement this article may be adopted by the Director 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 emergency 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 and 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, 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 and 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.
(b) Emergency regulations to implement this article may be adopted by the Director 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 emergency 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 and 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, 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 and 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.
