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§ 56788. Service Termination Procedures.


Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 2. Health and Welfare Agency - Department of Developmental Services Regulations
Chapter 3. Community Services
Subchapter 5. Standards for Nonresidential Services
Article 5. Standards for in-Home Respite Services Agencies
17 CCR § 56788
§ 56788. Service Termination Procedures.
(a) Funding for a consumer's services from an in-home respite services agency shall be terminated when one or more of the following occur:
(1) The regional center issues a determination that continued receipt of services from the agency jeopardizes the consumer's health or safety;
(2) The consumer or authorized consumer representative makes a written or oral request to the regional center to discontinue receipt of the agency's service;
(3) The consumer moves to an area outside the vendor's service area;
(4) The ID Team determines that in-home respite services are no longer required to meet consumer needs;
(5) The vendor, determines that its agency no longer meets the consumer's need.
(b) When a determination is made pursuant to (a)(1), (4) or (5) above, the basis for, the determination shall be documented in writing in the consumer's case file by the regional center for (a)(1) and/or (4) and by the vendor for (a)(5). The regional, center shall also include written documentation in the consumer's case file that the consumer or authorized consumer representative has been informed of the fair hearing rights pursuant to Welfare and Institutions Code, sections 4700 through 4730, when the determination is made pursuant to (a)(1) or (a)(4) above.
(c) When the conditions specified in (a)(1) or (a)(4) above exist, termination of funding shall not be made if the consumer files a fair hearing request pursuant to Welfare and Institutions Code, sections 4700 through 4730.
(d) A vendor may terminate in-home respite services during periods when the vendor determines that serving the consumer presents a threat to the health and welfare of the consumer, other individuals in the home, or the vendor agency's staff. The basis of such termination shall be documented within three working days by the vendor in the consumer case file maintained pursuant to section 56798 of these regulations.
(e) A vendor shall take action to assure consumer safety when the circumstances specified in (d) above, or any other circumstances, prevent the carrying out or completion of in-home respite services during the time of authorized service delivery. Such actions shall include instructing the agency's respite worker to immediately contact:
(1) The consumer's family member or authorized consumer representative;
(2) The director or supervisor of the in-home respite services agency; and
(3) The consumer program coordinator.
(f) In addition to the persons specified in (e)(1) through (e)(3) above, actions to assure consumer safety may also include immediately contacting the local law enforcement, fire or public health authorities.
Note: Authority cited: Section 4690.2, Welfare and Institutions Code. Reference: Sections 4648, 4690.2 and 4700 through 4730, Welfare and Institutions Code.
1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Change without regulatory effect amending section filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).
This database is current through 7/29/22 Register 2022, No. 30
17 CCR § 56788, 17 CA ADC § 56788
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