State Codes and Statutes

Statutes > California > Hsc > 1567.50

HEALTH AND SAFETY CODE
SECTION 1567.50



1567.50.  (a) Notwithstanding that a community care facility means a
place that provides nonmedical care under subdivision (a) of Section
1502, pursuant to Article 3.5 (commencing with Section 4684.50) of
Chapter 6 of Division 4.5 of the Welfare and Institutions Code, the
department shall jointly implement with the State Department of
Developmental Services a licensing program to provide special health
care and intensive support services to adults in homelike community
settings.
   (b) The State Department of Social Services may license, subject
to the following conditions, an Adult Residential Facility for
Persons with Special Health Care Needs to provide 24-hour services to
up to five adults with developmental disabilities who have special
health care and intensive support needs, as defined in subdivisions
(f) and (g) of Section 4684.50 of the Welfare and Institutions Code.
   (1) The State Department of Developmental Services shall be
responsible for granting the certificate of program approval for an
Adult Residential Facility for Persons with Special Health Care Needs
(ARFPSHN). The State Department of Social Services shall not issue a
license unless the applicant has obtained a certification of program
approval from the State Department of Developmental Services.
   (2) The State Department of Social Services shall ensure that the
ARFPSHN meets the administration requirements under Article 2
(commencing with Section 1520) including, but not limited to,
requirements relating to fingerprinting and criminal records under
Section 1522.
   (3) The State Department of Social Services shall administer
employee actions under Article 5.5 (commencing with Section 1558).
   (4) The regional center shall monitor and enforce compliance of
the program and health and safety requirements, including monitoring
and evaluating the quality of care and intensive support services.
The State Department of Developmental Services shall ensure that the
regional center performs these functions.
   (5) The State Department of Developmental Services may decertify
any ARFPSHN that does not comply with program requirements. When the
State Department of Developmental Services determines that urgent
action is necessary to protect clients of the ARFPSHN from physical
or mental abuse, abandonment, or any other substantial threat to
their health and safety, the State Department of Developmental
Services may request the regional center or centers to remove the
clients from the ARFPSHN or direct the regional center or centers to
obtain alternative services for the consumers within 24 hours.
   (6) The State Department of Social Services may initiate
proceedings for temporary suspension of the license pursuant to
Section 1550.5.
   (7) The State Department of Developmental Services, upon its
decertification, shall inform the State Department of Social Services
of the licensee's decertification, with its recommendation
concerning revocation of the license, for which the State Department
of Social Services may initiate proceedings pursuant to Section 1550.
   (8) The State Department of Developmental Services and the
regional centers shall provide the State Department of Social
Services all available documentation and evidentiary support
necessary for any enforcement proceedings to suspend the license
pursuant to Section 1550.5, to revoke or deny a license pursuant to
Section 1551, or to exclude an individual pursuant to Section 1558.
   (9) The State Department of Social Services Community Care
Licensing Division shall enter into a memorandum of understanding
with the State Department of Developmental Services to outline a
formal protocol to address shared responsibilities, including
monitoring responsibilities, complaint investigations, administrative
actions, and closures.
   (10) The licensee shall provide documentation that, in addition to
the administrator requirements set forth under paragraph (4) of
subdivision (a) of Section 4684.63 of the Welfare and Institutions
Code, the administrator, prior to employment, has completed a minimum
of 35 hours of initial training in the general laws, regulations and
policies and procedural standards applicable to facilities licensed
by the State Department of Social Services under Article 2
(commencing with Section 1520). Thereafter, the licensee shall
provide documentation every two years that the administrator has
completed 40 hours of continuing education in the general laws,
regulations and policies and procedural standards applicable to adult
residential facilities. The training specified in this section shall
be provided by a vendor approved by the State Department of Social
Services and the cost of the training shall be borne by the
administrator or licensee.
   (c) This article shall only be implemented to the extent that
funds are made available through an appropriation in the annual
Budget Act.


State Codes and Statutes

Statutes > California > Hsc > 1567.50

HEALTH AND SAFETY CODE
SECTION 1567.50



1567.50.  (a) Notwithstanding that a community care facility means a
place that provides nonmedical care under subdivision (a) of Section
1502, pursuant to Article 3.5 (commencing with Section 4684.50) of
Chapter 6 of Division 4.5 of the Welfare and Institutions Code, the
department shall jointly implement with the State Department of
Developmental Services a licensing program to provide special health
care and intensive support services to adults in homelike community
settings.
   (b) The State Department of Social Services may license, subject
to the following conditions, an Adult Residential Facility for
Persons with Special Health Care Needs to provide 24-hour services to
up to five adults with developmental disabilities who have special
health care and intensive support needs, as defined in subdivisions
(f) and (g) of Section 4684.50 of the Welfare and Institutions Code.
   (1) The State Department of Developmental Services shall be
responsible for granting the certificate of program approval for an
Adult Residential Facility for Persons with Special Health Care Needs
(ARFPSHN). The State Department of Social Services shall not issue a
license unless the applicant has obtained a certification of program
approval from the State Department of Developmental Services.
   (2) The State Department of Social Services shall ensure that the
ARFPSHN meets the administration requirements under Article 2
(commencing with Section 1520) including, but not limited to,
requirements relating to fingerprinting and criminal records under
Section 1522.
   (3) The State Department of Social Services shall administer
employee actions under Article 5.5 (commencing with Section 1558).
   (4) The regional center shall monitor and enforce compliance of
the program and health and safety requirements, including monitoring
and evaluating the quality of care and intensive support services.
The State Department of Developmental Services shall ensure that the
regional center performs these functions.
   (5) The State Department of Developmental Services may decertify
any ARFPSHN that does not comply with program requirements. When the
State Department of Developmental Services determines that urgent
action is necessary to protect clients of the ARFPSHN from physical
or mental abuse, abandonment, or any other substantial threat to
their health and safety, the State Department of Developmental
Services may request the regional center or centers to remove the
clients from the ARFPSHN or direct the regional center or centers to
obtain alternative services for the consumers within 24 hours.
   (6) The State Department of Social Services may initiate
proceedings for temporary suspension of the license pursuant to
Section 1550.5.
   (7) The State Department of Developmental Services, upon its
decertification, shall inform the State Department of Social Services
of the licensee's decertification, with its recommendation
concerning revocation of the license, for which the State Department
of Social Services may initiate proceedings pursuant to Section 1550.
   (8) The State Department of Developmental Services and the
regional centers shall provide the State Department of Social
Services all available documentation and evidentiary support
necessary for any enforcement proceedings to suspend the license
pursuant to Section 1550.5, to revoke or deny a license pursuant to
Section 1551, or to exclude an individual pursuant to Section 1558.
   (9) The State Department of Social Services Community Care
Licensing Division shall enter into a memorandum of understanding
with the State Department of Developmental Services to outline a
formal protocol to address shared responsibilities, including
monitoring responsibilities, complaint investigations, administrative
actions, and closures.
   (10) The licensee shall provide documentation that, in addition to
the administrator requirements set forth under paragraph (4) of
subdivision (a) of Section 4684.63 of the Welfare and Institutions
Code, the administrator, prior to employment, has completed a minimum
of 35 hours of initial training in the general laws, regulations and
policies and procedural standards applicable to facilities licensed
by the State Department of Social Services under Article 2
(commencing with Section 1520). Thereafter, the licensee shall
provide documentation every two years that the administrator has
completed 40 hours of continuing education in the general laws,
regulations and policies and procedural standards applicable to adult
residential facilities. The training specified in this section shall
be provided by a vendor approved by the State Department of Social
Services and the cost of the training shall be borne by the
administrator or licensee.
   (c) This article shall only be implemented to the extent that
funds are made available through an appropriation in the annual
Budget Act.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 1567.50

HEALTH AND SAFETY CODE
SECTION 1567.50



1567.50.  (a) Notwithstanding that a community care facility means a
place that provides nonmedical care under subdivision (a) of Section
1502, pursuant to Article 3.5 (commencing with Section 4684.50) of
Chapter 6 of Division 4.5 of the Welfare and Institutions Code, the
department shall jointly implement with the State Department of
Developmental Services a licensing program to provide special health
care and intensive support services to adults in homelike community
settings.
   (b) The State Department of Social Services may license, subject
to the following conditions, an Adult Residential Facility for
Persons with Special Health Care Needs to provide 24-hour services to
up to five adults with developmental disabilities who have special
health care and intensive support needs, as defined in subdivisions
(f) and (g) of Section 4684.50 of the Welfare and Institutions Code.
   (1) The State Department of Developmental Services shall be
responsible for granting the certificate of program approval for an
Adult Residential Facility for Persons with Special Health Care Needs
(ARFPSHN). The State Department of Social Services shall not issue a
license unless the applicant has obtained a certification of program
approval from the State Department of Developmental Services.
   (2) The State Department of Social Services shall ensure that the
ARFPSHN meets the administration requirements under Article 2
(commencing with Section 1520) including, but not limited to,
requirements relating to fingerprinting and criminal records under
Section 1522.
   (3) The State Department of Social Services shall administer
employee actions under Article 5.5 (commencing with Section 1558).
   (4) The regional center shall monitor and enforce compliance of
the program and health and safety requirements, including monitoring
and evaluating the quality of care and intensive support services.
The State Department of Developmental Services shall ensure that the
regional center performs these functions.
   (5) The State Department of Developmental Services may decertify
any ARFPSHN that does not comply with program requirements. When the
State Department of Developmental Services determines that urgent
action is necessary to protect clients of the ARFPSHN from physical
or mental abuse, abandonment, or any other substantial threat to
their health and safety, the State Department of Developmental
Services may request the regional center or centers to remove the
clients from the ARFPSHN or direct the regional center or centers to
obtain alternative services for the consumers within 24 hours.
   (6) The State Department of Social Services may initiate
proceedings for temporary suspension of the license pursuant to
Section 1550.5.
   (7) The State Department of Developmental Services, upon its
decertification, shall inform the State Department of Social Services
of the licensee's decertification, with its recommendation
concerning revocation of the license, for which the State Department
of Social Services may initiate proceedings pursuant to Section 1550.
   (8) The State Department of Developmental Services and the
regional centers shall provide the State Department of Social
Services all available documentation and evidentiary support
necessary for any enforcement proceedings to suspend the license
pursuant to Section 1550.5, to revoke or deny a license pursuant to
Section 1551, or to exclude an individual pursuant to Section 1558.
   (9) The State Department of Social Services Community Care
Licensing Division shall enter into a memorandum of understanding
with the State Department of Developmental Services to outline a
formal protocol to address shared responsibilities, including
monitoring responsibilities, complaint investigations, administrative
actions, and closures.
   (10) The licensee shall provide documentation that, in addition to
the administrator requirements set forth under paragraph (4) of
subdivision (a) of Section 4684.63 of the Welfare and Institutions
Code, the administrator, prior to employment, has completed a minimum
of 35 hours of initial training in the general laws, regulations and
policies and procedural standards applicable to facilities licensed
by the State Department of Social Services under Article 2
(commencing with Section 1520). Thereafter, the licensee shall
provide documentation every two years that the administrator has
completed 40 hours of continuing education in the general laws,
regulations and policies and procedural standards applicable to adult
residential facilities. The training specified in this section shall
be provided by a vendor approved by the State Department of Social
Services and the cost of the training shall be borne by the
administrator or licensee.
   (c) This article shall only be implemented to the extent that
funds are made available through an appropriation in the annual
Budget Act.