§ 50530. Denial of Rights.
17 CA ADC § 50530BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 2. Health and Welfare Agency - Department of Developmental Services Regulations
Chapter 1. General Provisions
Subchapter 5. Clients' Rights
Article 4. Denial of Rights
17 CCR § 50530
§ 50530. Denial of Rights.
(a) Except as provided in this article, no right specified in Section 50510 shall be denied any client. In the absence of a court order, the terms of which expressly provide for limitation of a particular right to which a given client is otherwise entitled, no right contained in Section 50510 shall be denied unless there is full compliance with this article. Only those rights listed in Section 50510(b), (1) through (7), may be denied pursuant to this article.
(b) Only the professional person in charge of the facility or his designee may deny a right for good cause. The name of the professional person in charge of the facility, for the purposes of this article, shall be on file at the facility. If a designee of the professional person in charge of the facility is authorized to deny rights for good cause, a written formal designation naming the designee shall be signed by the professional person in charge of the facility and shall be on file at the facility.
(c) Good cause for the denial of any right in Section 50510 (b), (1) through (7), inclusive, exists only when the professional person in charge of the facility, or his duly authorized designee, makes an express finding that:
(1) The exercise of the specific right sought to be denied would be injurious to the individual otherwise entitled to exercise it; or
(2) There is evidence that the specific right sought to be denied if exercised by that individual, would seriously infringe on the rights of others; or
(3) The institution or facility would suffer serious damage to the physical plant if the specific right is not denied; and
(4) There is no less restrictive means of protecting the specific interest listed in (1), (2), or (3) of this subsection.
(d) The reason used to justify the denial for good cause of any right must be related to the specific right denied. A right shall not be withheld or denied as a punitive measure, nor shall any right be considered a privilege to be earned.
(e) A treatment modality, approach or plan shall not constitute good cause for the denial of any right specified in this subchapter.
(f) A right shall not continue to be denied when the good cause for its denial no longer exists. Each denial for good cause shall be reviewed at a minimum of each thirty (30) days, beginning from the first date when the denial takes place, for assessment of the continued validity of the good cause upon which the denial is predicated. Upon expiration of the good cause, any denied right shall be promptly reinstated. At each review a specific finding shall be made that the good cause for continuing the denial exists, including that it is still the least restrictive means, or the denial shall terminate.
(g) At the time any good cause denial commences, the person who is being denied any right shall be informed of the right to appeal the denial decision either by way of the complaint process established by Section 50540 of this subchapter or by way of a fair hearing as provided in Welfare and Institutions Code Sections 4700-4725. If the person is unable to comprehend such information, the notification of the right to appeal shall be made to such person's parent or guardian, if a minor, conservator, personal or legal representative.
(h) When, for good cause as defined in this section, the professional person in charge of the facility proposes to deny any right to any person who is lawfully entitled to leave the facility at will, the professional person in charge of the facility shall first advise such person or, if the person is unable to comprehend, the person's parent or guardian, if a minor, conservator, personal or legal representative, of the right to elect to leave the facility without submitting to the proposed denial or to submit to the denial but appeal its basis. In no case shall any person who is lawfully entitled to leave the facility at will have any right denied him without first being advised of this right of choice.
(i) Waiver of any right guaranteed by this subchapter must be knowing, intelligent, voluntary and made by the person to whom the right legally devolves. No waiver is valid unless it satisfies these elements, is in writing, and is approved by signature of the clients' rights advocate having responsibility for the facility. The clients' rights advocate of the regional center in whose service catchment area the facility is located is the responsible party for all community care and health facilities other than state hospitals.
Note: Authority cited: Section 11152, Government Code; and Section 4416, Welfare and Institutions Code. Reference: Sections 4503, 4504 and 4648(b), Welfare and Institutions Code.
This database is current through 4/23/21 Register 2021, No. 17
17 CCR § 50530, 17 CA ADC § 50530
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