Cal. Code Regs. tit. 17 § 56070

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 56070 - Plan of Operation

(a) In addition to the requirements of Title 22, California Code of Regulations, Section 80022, the plan of operation shall include the following information for the use of secured perimeters:

(1) Documentation provided by the regional center of the local need for the facility to utilize a secured perimeter.

(2) A component describing the following:

(A) An explanation of how interior and exterior space is to be made available on the facility premises to permit consumers to move freely and safely.

(B) Staff qualifications and staff training curricula, including participation by the local regional center and the clients' rights advocate providing advocacy services pursuant to Section 4433 of the Welfare and Institutions Code.

(C) An explanation of how the facility licensee will ensure the protection of consumers' personal rights, including those specified in Chapter 1 of Division 4.5 of the Welfare and Institutions Code, and any applicable personal rights provided in Titles 17 and 22 of the California Code of Regulations.

(D) The licensee's or applicant's plan for managing consumers' lack of hazard awareness and impulse control behavior.

(E) Procedures to inform consumers that they have the right to leave the facility and procedures to be followed if a consumer indicates a desire to leave the facility, including the use of redirection or, if the consumer indicates a continued desire to leave following redirection, procedures for staff accompaniment and supervision, and for ensuring adequate staffing for the remaining residents.

(F) Procedures to be used for conducting and documenting fire and earthquake drills at least once every 3 months that include all facility staff providing the consumer care and supervision.

(G) The facility's emergency evacuation procedure. The procedure shall include the protocol for consumers moving through and beyond the secured perimeters when needed for their safety.

(H) In the case of an existing facility with delayed egress devices seeking to add secured perimeters, a plan for relocating current facility consumers who have not been determined to meet the admissions and continued placement requirements for residential facilities utilizing secured perimeters as set forth in Section 56073 and Health and Safety Code Section 1531.15.

(b) In addition to any other required training, the licensee or applicant shall provide 16 hours of training for each direct care staff, prior to staff being left alone with clients, which shall include at least the following:

(1) The personal rights of facility residents, including rights related to utilizing secured perimeters and delayed egress devices.

(2) Behavior management techniques of consumers lacking hazard awareness and impulse control.

(3) Emergency procedures in the event of a medical emergency or facility disaster.

(c) The information required in subdivision (a) shall be submitted to the Department of Developmental Services for review and approval.

Cal. Code Regs. Tit. 17, § 56070

1. New section filed 6-13-2013 as an emergency; operative 6-13-2013 (Register 2013, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-10-2013 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-21-2013 as an emergency; operative 12-11-2013 (Register 2013, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-11-2014 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-21-2013 order transmitted to OAL 1-28-2014 and filed 3-12-2014 (Register 2014, No. 11).

Note: Authority cited: Section 1531.15, Health and Safety Code. Reference: Section 1531.15, Health and Safety Code.