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§ 59000. Definitions.

17 CA ADC § 59000Barclays Official California Code of RegulationsEffective: July 12, 2023

Barclays California Code of Regulations
Title 17. Public Health
Division 2. Health and Welfare Agency--Department of Developmental Services Regulations
Chapter 3. Community Services
Subchapter 23. Community Crisis Homes
Article 1. Definitions
Effective: July 12, 2023
17 CCR § 59000
§ 59000. Definitions.
(a) The following definitions shall apply to the regulations used in this subchapter:
(1) “Administrator” means the person defined in Title 22, California Code of Regulations, Section 80001(a)(2) who also meets the additional requirements of Section 59004.
(2) “Assistant Behavior Analyst” means a person recognized by the national Behavior Analyst Certification Board as a Board-Certified Assistant Behavior Analyst.
(3) “Authorized Consumer Representative” means the parent or guardian of a child, conservator of an adult, or a person who is legally entitled to act on behalf of the consumer.
(4) “Behavior Analyst” means a person recognized by the national Behavior Analyst Certification Board as a Board-Certified Behavior Analyst.
(5) “Behavioral Restraint” means the type of intervention defined in Health and Safety Code Section 1180.1(a).
(6) “Child” means a person under the age of 18 placed in a Community Crisis Home licensed as a group home.
(7) “Clients' Rights Advocate” means the representative of the nonprofit agency with which the Department contracts for clients' rights advocacy services pursuant to Section 4433(b) of the Welfare and Institutions Code who is responsible for clients' rights assurances for persons with developmental disabilities.
(8) “Consultant” means a person or group eligible for vendorization in accordance with Sections 54319 and 54342 and qualified by training, education, and/or experience that provide a service integral to a consumer's Individual Behavior Supports Plan, as identified by the Individual Behavior Supports Team.
(9) “Consumer” means a person who has been determined by a regional center to meet the eligibility criteria of Section 4512(a) of the Welfare and Institutions Code, and Sections 54000, 54001 and 54010, and for whom the regional center has accepted responsibility. Consumer is also known as “client.”
(10) “Community Crisis Home” means an adult residential facility or a group home certified by the Department and licensed by the Department of Social Services that provides 24-hour nonmedical care to persons with developmental disabilities receiving regional center services and in need of crisis intervention services, who would otherwise be at risk of admission to a more restrictive setting. A Community Crisis Home may have a maximum capacity of up to eight (8) consumers. A Community Crisis Home is eligible for, and must meet all the requirements for, vendorization as a residential facility by a regional center pursuant to the requirements of Division 2, Chapter 3, Subchapter 2.
(11) “Community Emergency Services” means law enforcement, crisis teams, or intensive transition services.
(12) “Containment” means a brief physical restraint of a consumer for the purpose of effectively gaining quick control of a consumer who is aggressive or agitated or who is a danger to self or others.
(13) “Continuous Quality Improvement System” means a process to ensure systematic improvement of services to increase positive outcomes for the consumers being served.
(14) “Crisis Intervention Services” means additional assessment, staffing, supervision, and other intensive services and supports to immediately address a consumer's urgent or emergent abrupt onset of behavioral or other needs, which are beyond what is typically available in other community living arrangements. These services shall facilitate transition to a less restrictive community environment.
(15) “Culturally competent and linguistically appropriate” means the ability to reach underserved cultural populations and address specific barriers related to racial, ethnic, cultural, language, gender, age, economic, or other disparities in mental health services access, quality, and outcomes.
(16) “Day” means calendar day unless otherwise stated.
(17) “Department” means the Department of Developmental Services.
(18) “Direct Care Staff” means facility staff who personally provide direct supervision and special services to consumers, as defined in Section 56002(a). The term includes the licensee, the administrator, management, supervisory, and lead staff during that time when they are providing direct supervision and special services to consumers.
(A) Direct supervision and special services shall include “care and supervision” as defined in Title 22, California Code of Regulations, Section 80001(c)(3).
(19) “Dual Agency Client” means a foster child in temporary custody of the child welfare agency under Section 319 of the Welfare and Institutions Code or under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code who is also either a consumer of regional center services, or who is receiving services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) but is under three (3) years of age and has not yet been determined to have a developmental disability.
(20) “Emergency Intervention(s)” means the intervention(s) used with consumers during the time they present an imminent danger of serious injury to self or others, which cannot be prevented by the use of a less restrictive technique.
(21) “Emergency Intervention Plan” means a written plan, which addresses the implementation of emergency interventions and the prevention of serious injury and includes the content specified in Section 59002(a)(8)(D).
(22) “Extended Procedure” means physical restraint that lasts for more than 15 consecutive minutes.
(23) “Facility Liaison” means the person, or their designee, assigned by the vendoring regional center as the principal coordinator between the regional center and the facility.
(24) “Functional Behavior Assessment” means a variety of systematic information-gathering activities whereby relevant and specific data is collected to determine factors influencing the occurrence of a behavior, such as but not limited to antecedents, consequences, setting events, motivating operations, trauma history, indirect assessment, direct observation, and experimental analysis. The results are used as the basis to design a consumer's Individual Behavior Supports Plan.
(25) “Health Care Professional” means a licensed registered nurse, nurse practitioner, physician assistant and/or a medical doctor, contracted or hired by the facility.
(26) “Immediate Danger” means conditions which constitute an impending threat to the health and safety of a consumer, and which require immediate action by the regional center to safeguard the health and safety of the consumers in the facility, and as defined in Section 56053.
(27) “Individual Behavior Supports Plan” means the plan that: identifies and documents the behavior, intensive support, and service needs of a consumer; details the strategies to be employed and services to be provided in order for the consumer to return to their previous placement or to an appropriate alternative community-based environment; and includes the entity responsible for providing those services. This plan includes the requirements of Section 1180.4(a) of the Health and Safety Code.
(28) “Individual Behavior Supports Team” means those individuals who participate in the development, revision, and monitoring of the Individual Behavior Supports Plan for consumers residing in a Community Crisis Home.
(A) The team shall, at a minimum, be composed of the following individuals:
1. Consumer and, where applicable, authorized consumer representative;
2. Regional center service coordinator, and other regional center representatives, as necessary;
3. Community Crisis Home Qualified Behavior Modification Professional;
4. Community Crisis Home administrator; and
5. Clients' rights advocate, unless the consumer objects.
(B) The team may also include:
1. Regional center's mobile crisis team;
2. Representative(s) from the consumer's prior residence and/or identified alternative future community-based residential setting, as applicable;
3. Health Care Professional;
4. Representative(s) from the responsible Local Education Agency or agencies as defined in Section 49005.1(c) of the Education Code; and,
5. Any individual(s) deemed necessary by the consumer, or, where applicable, their authorized consumer representative, if any, for developing a comprehensive and effective Individual Behavior Supports Plan.
(29) “Individualized Emergency Intervention Plan” means a written plan addressing the prevention of serious injury and implementation of emergency intervention techniques that will be used with a specific consumer, which are in addition to, and are not prohibited by the emergency intervention techniques set forth in the facility Emergency Intervention Plan. The Individualized Emergency Intervention Plan shall:
(A) Be developed in consultation with the consumer and, if available, someone whom the consumer desires to provide input, in accordance with Section 1180.4(a) of the Health and Safety Code; and
(B) Include consumer-centered problem-solving strategies that diffuse and safely resolve emerging crisis situations and strategies to minimize time spent in behavioral restraints.
(30) “Individual Program Plan” (IPP) means a written plan that is developed by the planning team, in accordance with the provisions of Sections 4646 and 4646.5 of the Welfare and Institutions Code.
(31) “Intensive Transition Services” means services offered to persons with intellectual and/or developmental disabilities and co-occurring psychiatric disabilities before, during, and after transition from a highly restrictive setting to a less restrictive living situation in the community.
(32) “Licensee” means the adult, firm, partnership, association, corporation, county, city, public agency, or other governmental entity having the authority and responsibility for the operation of a licensed community care facility.
(33) “Physical restraint” means the use of a manual hold to restrict freedom of movement of all or part of a consumer's body, or to restrict normal access to the consumer's body, and that is used as a behavioral restraint. “Physical restraint” is staff-to-consumer physical contact in which the consumer unwillingly participates. “Physical restraint” does not include briefly holding a consumer without undue force in order to calm or comfort, or physical contact intended to gently assist a consumer in performing tasks or to guide or assist a consumer from one area to another.
(34) “Planning Team” refers to the planning team defined in Section 4512(j) of the Welfare and Institutions Code, which develops and reviews a consumer's IPP through the planning process described in Sections 4646 and 4646.5 of the Welfare and Institutions Code.
(35) “Prone restraint” means that the consumer is restrained in a horizontal facedown position on the floor or other surface, and physical pressure is applied to the consumer's body to keep the consumer in the prone position.
(36) “Qualified Behavior Modification Professional” means a person with a minimum two (2) years of experience in designing, supervising, and implementing behavior modification services as one of the following:
(A) An Assistant Behavior Analyst certified by the national Behavior Analyst Certification Board as a Certified Assistant Behavior Analyst;
(B) A Behavior Analyst certified by the national Behavior Analyst Certification Board as a Certified Behavior Analyst;
(C) A Licensed Clinical Social Worker, pursuant to Sections 4996-4998.5 of the Business and Professions Code;
(D) A Licensed Marriage and Family Therapist, pursuant to Sections 4980-4984.7 of the Business and Professions Code;
(E) A psychologist, licensed by the California Board of Psychology; or
(F) A professional with California licensure, which permits the design of behavior modification intervention services.
(37) “Registered Behavior Technician” means a person recognized by the national Behavior Analyst Certification Board as a Registered Behavior Technician.
(38) “Seclusion” means the involuntary confinement of a consumer alone in a room or an area from which the consumer is physically prevented from leaving. “Seclusion” does not include a “time-out”.
(39) “Supine restraint” means the consumer is restrained in a horizontal face up position on the floor or other surface, and physical pressure is applied to the consumer's body to keep the consumer in the supine position.
(40) “Substantial Inadequacy” means conditions posing a threat to the health and safety of any consumer, that are not considered an immediate danger as specified in Section 56053, and as defined in Section 56054.
(41) “Time-Out” means a behavioral management technique involving the consumer, voluntarily and without force, being separated from the current environment to calm and allow the consumer to regain self-control.
(42) “Trauma-Informed Care” means a care approach that involves an understanding of the impact of adverse experiences and responds to symptoms of chronic interpersonal trauma and traumatic stress that can arise across the lifespan of a consumer. The approach includes integrating this understanding into facility policies, procedures, staff training, and a consumer's assessments and plans.
(43) “Working Day” means any day that is not a Saturday, Sunday or holiday as specified in Sections 6700 and 6701 of the Government Code.

Credits

Note: Authority cited: Section 4698.1, Welfare and Institutions Code. Reference: Sections 4698 and 4698.1, Welfare and Institutions Code; and Sections 1180.1, 1180.4 and 1567.81, Health and Safety Code.
History
1. New subchapter 23 (articles 1-11, sections 59000-59022), article 1 (section 59000) and section filed 3-20-2017 as an emergency; operative 3-20-2017 (Register 2017, No. 12). Pursuant to Welfare and Institutions Code section 4698.1(b), a Certificate of Compliance must be transmitted to OAL by 3-19-2019 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-20-2017 order, including amendment of subsections (f), (t) and (t)(2)(D), transmitted to OAL 2-8-2019 and filed 3-25-2019; amendments operative 3-25-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).
3. Amendment of section and Note filed 6-25-2021 as a deemed emergency; operative 6-25-2021 (Register 2021, No. 26). Pursuant to Welfare and Institutions Code section 4698.1(b), a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section and Note refiled 4-25-2022 as a deemed emergency; operative 4-25-2022 (Register 2022, No. 17). Pursuant to Welfare and Institutions Code section 4698.1(b), a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 7-25-2022 as a deemed emergency; operative 7-25-2022 (Register 2022, No. 30). Pursuant to Welfare and Institutions Code section 4698.1(b), a Certificate of Compliance must be transmitted to OAL by 6-25-2023 or emergency language will be repealed by operation of law on the following day.
6. Updating certificate of compliance information in History 3, 4 and 5.
7. Certificate of Compliance as to 7-25-2022 order, including amendment of section, transmitted to OAL 5-30-2023 and filed 7-12-2023; amendments effective 7-12-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 28).
This database is current through 5/17/24 Register 2024, No. 20.
Cal. Admin. Code tit. 17, § 59000, 17 CA ADC § 59000
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