Header:
HEALTH AND SAFETY CODE
DIVISION 2. LICENSING PROVISIONS
CHAPTER 3. CALIFORNIA COMMUNITY CARE FACILITIES ACT
ARTICLE 3. REGULATIONS
Date:
11/26/2013
Document:
Legislative Alert: 2013 Cal. ALS 76; see section 109, effective 01/01/2014.
§ 1531.15. (Operative date contingent) Delayed egress facilities; Individuals residing in such facilities; Training; Plans of operation
(a) A licensee of an adult residential facility or group home for no more than 15 residents, that is eligible for and serving clients eligible for federal Medicaid funding and utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b) As used in this section, "secured perimeters" means fences that meet the requirements prescribed by this sec-tion.
(c) Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1) The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2) The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)
(A) The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B) Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home described in subdivision (a) using secured perimeters only if both of the following occur:
(i) A comprehensive assessment is conducted and an individual program plan meeting is convened to de-termine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services' statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii) The regional center requests placement of the child in a licensed group home described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting and the State Department of Developmental Services ap-proves the request.
(4) The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5) An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall determine the continued appropriateness of the placement at least annually.
(d) The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall re-ceive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e) The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents' personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation pro-cedures.
(f) The licensee shall revise its facility plan of operation. These revisions shall be first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Develop-mental Services. The plan shall include, but not be limited to, all of the following:
(1) A description of how the facility is to be equipped with secured perimeters that are consistent with regula-tions adopted by the State Fire Marshal pursuant to Section 13143.6.
(2) A description of how the facility will provide training for staff.
(3) A description of how the facility will ensure the protection of the residents' personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4) A description of how the facility will manage residents' lack of hazard awareness and impulse control behavior.
(5) A description of the facility's emergency evacuation procedures.
(g) Secured perimeters shall not substitute for adequate staff.
(h) Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing re-quirements, and shall include all facility staff providing resident care and supervision on each shift.
(i) Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j) For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k) This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumer's needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and sup-ports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
|