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California Code of Regulations
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
§56073. Admission and Continued Stay Requirements
§56073. Admission and Continued Stay Requirements.
 

(a) Prior to an admission to an adult residential facility or group home utilizing secured perimeters, the regional center shall conduct a comprehensive assessment and convene a planning team meeting to determine whether the consumer lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with secured perimeters and delayed egress devices. The planning team's determination shall be documented in the client record.

(b) Prior to placement in a facility utilizing secured perimeters, the regional center shall obtain either a court order authorizing the placement or written consent agreeing to the placement. These documents shall be provided to the residential service provider and maintained in the regional center's records required by Section 56060.

(1) The written consent shall be signed by:

(A) A non-conserved consumer, 18 or older, or, as appropriate, the consumer's conservator or other person with legal authority, or

(B) For a consumer under 18 years of age, by the person having the legal authority to place the consumer in the facility using secured perimeter.

(2) The written consent shall include:

(A) A description of the location and manner in which the perimeter will be secured.

(B) A statement that the facility has delayed egress devices of the time delay type and the perimeter fence is locked.

(C) A statement that consent may withdrawn at any time.

(c) The following shall be maintained in the consumer's file at the facility required by Section 56059:

(1) The court order or written consent required under subdivision (b).

(2) Documentation of the date and time of any withdrawal of consent.

(d) If the consumer's placement is pursuant to a court order, the consumer may remain in the facility upon expiration of the order only if it is determined that he or she meets the admission and continued stay requirements of this section and consent is obtained as provided in (b)(1).

(e) The regional center shall ensure that, for all facility residents, within 30 days of admission, the planning team shall convene and document in the consumer's IPP the services and supports needed for the consumer to move from the facility to a less restrictive community setting, and a timeline for securing those services and supports. The IPP shall include a plan to transition the consumer to a less restrictive setting. A copy of those portions of the current IPP related to the residential placement and community services and supports, including the transition plan, shall be maintained in the consumer's record at the facility.

(f) Every 90 days after admission, the planning team shall convene to determine the continued appropriateness of the current placement and the transition plan and shall document their determination.

(g) If the consumer is placed in the facility pursuant to a court order, the regional center shall provide the initial and updated planning team recommendations and transition plan to the consumer's attorney and other parties to the court proceedings.

(h) The regional center shall ensure, that in the case of a child who is at least 10 years of age but less than 14 years of age, in addition to the requirements of subdivision (a), placement may be made only if the requirements of Section 1531.15(c)(3)(B) of the Health and Safety Code are also met.

(i) The regional center shall update the comprehensive assessment required under subdivision (a) at least annually and the transition plan shall be updated, as appropriate, following each 90-day review specified in subdivision (f).

(j) Each responsible regional center shall also conduct a comprehensive assessment and convene a planning team meeting for any of its consumers residing in an adult residential facility or group home that does not utilize but intends to utilize secured perimeters to determine if the consumer meets the criteria for placement in the facility. The assessment shall be conducted and the planning team meeting shall be convened prior to the utilization of secured perimeters. Unless the consumer meets the criteria for continued placement in the facility, the planning team shall develop a transition plan for moving the consumer to an alternative living arrangement and the consumer shall be moved prior to the use of secured perimeters. The transition plan shall ensure that the consumer and responsible parties are provided with at least 30 days' notice prior to moving the consumer.

(k) In addition to the regularly scheduled reviews pursuant to subdivision (f), the licensee or any member of the planning team may, at any time, request that the regional center convene a planning team meeting pursuant to subdivision (b) of Section 4646.5 of the Welfare and Institutions Code to determine if a resident no longer meets the criteria to reside in the facility. The regional center shall then conduct an IPP review within 30 days. If the planning team determines that the placement is no longer appropriate, the team shall develop a transition plan within 30 days, including timelines, for moving the individual to an alternative living arrangement. If the placement is pursuant to a court order, the regional center shall inform the attorney for the consumer and other parties to the court proceedings of its determination and the proposed transition plan for moving the individual to an alternative, less restrictive, living arrangement.

(l) If placement is pursuant to a court order, the consumer shall only be moved in accordance with the terms of the court order, which, if necessary, may include, but not be limited to, approval by the court or a modification of the court order prior to moving the consumer.

(m) If the individual who signed the consent form for placement pursuant to subdivision (b) informs the licensee or the regional center that he or she withdraws his or her consent to the placement, the following shall occur:

(1) Upon notification of the withdrawal of consent, the licensee shall immediately inform the regional center, or the regional center shall immediately inform the licensee, as applicable.

(2) The licensee and the regional center shall document the withdrawal of consent in the consumer's records maintained, respectively, by the facility and the regional center.

(3) The licensee shall inform the consumer, verbally and in writing, of his or her right not to be subject to the secured perimeter, in accord with procedures established pursuant to Section 56070(a)(2)(E).

(4) The regional center shall convene a planning team meeting within 10 days to discuss alternatives for meeting the consumer's needs and to develop a plan, with specified timeframes, for moving the consumer to an alternative living arrangement or taking steps to initiate court proceedings, as necessary, for purposes of effecting an appropriate placement.

(n) The regional center shall notify the clients' rights advocate for the regional center when a consumer is admitted to a facility utilizing delayed egress devices and secured perimeters and of all planning team meetings convened pursuant to this article. The clients' rights advocate shall be entitled to participate in all such planning team meetings unless the consumer objects on his or her own behalf.

Note

Authority cited: Section 1531.15, Health and Safety Code. Reference: Section 1531.15, Health and Safety Code.

History

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).