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Title 17, Division 2
Chapter 3 - Community Services
SubChapter 4 - Residential Services and Quality Assurance Regulations
Article 12 - Secured Perimeters in Adult Residential Facilities and Group Homes
(a) The Department of Developmental Services shall review the proposed component of the applicant's or licensee's facility plan of operation described in paragraph (2) of subdivision (a) of Section 56070, as well as additional available information that the Department determines is relevant and requests on the licensee's or applicant's history, if any, of providing services and supports to consumers who lack hazard awareness or impulse control, and provide a written determination of its approval or denial to the applicant or licensee.
(b) If the Department's review and approval process exceeds 30 days of the applicant's or licensee's submission, or exceeds 30 days of the submission of any additional information requested by the Department, the Department shall notify the applicant or licensee of the reasons for the delay and the expected date of completion of the review and approval process.
(c) Upon receiving written approval from the Department of Developmental Services of the proposed secured perimeter component of the facility plan of operation, the licensee or applicant shall submit the written approval and the approved component of the licensee's or applicant's plan of operation to the Department of Social Services, Community Care Licensing Division (DSS CCLD) for approval or denial.
(d) The request for fire clearance for the use of the secured perimeter shall be made through the the DSS CCLD. The DSS CCLD approval shall be contingent on a fire clearance being obtained for the specific use of the secured perimeter.
(e) The DSS CCLD shall review the licensee's or applicant's licensing history, if any, as a residential service provider licensed by the DSS CCLD and shall be authorized to require additional documentation if needed to verify the licensee's or applicant's ability to protect the health and safety of consumers.
(f) The DSS CCLD shall provide to the applicant or licensee a written determination of its approval or denial of the proposed secured perimeter component of the plan of operation.
(g) Upon written approval of the secured perimeter component of the licensee's or applicant's plan of operation by the DSS CCLD, the licensee or applicant shall submit both approvals to the local regional center along with an anticipated start date for utilization of the secured perimeter.
(h) The DSS CCLD approval is immediately terminated by operation of law upon any suspension or revocation of the fire clearance approval specific to the use of the secured perimeter, or upon the Department of Developmental Services' withdrawal of its approval of the secured perimeter component of the licensee's or applicant's plan of operation.
Authority cited: Section 1531.15, Health and Safety Code. Reference: Section 1531.15, Health and Safety Code.
1. New section filed 6-13-2013 as an emergency; operative 6-13-2013 (Register 2013, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-10-2013 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-21-2013 as an emergency; operative 12-11-2013 (Register 2013, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-11-2014 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-21-2013 order transmitted to OAL 1-28-2014 and filed 3-12-2014 (Register 2014, No. 11).