Article 9.5 - Enhanced Behavioral Supports Homes

California Health and Safety Code — §§ 1567.61-1567.69

Sections (9)

Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.

As used in this article the following terms apply:

(a)“Consumer” or “client” means an individual who has been determined by a regional center to meet the eligibility criteria of Section 4512 of the Welfare and Institutions Code and applicable regulations and for whom the regional center has accepted responsibility.

(b)“Individual behavior supports plan” means the plan that identifies and documents the behavior and intensive support and service needs of a consumer and details the strategies to be employed and services to be provided to address those needs, and includes the entity responsible for providing those services and timelines for when each

identified individual behavior support will commence.

(c)“Individual behavior supports team” means those individuals who develop, monitor, and revise the individual behavior supports plan for consumers residing in an enhanced behavioral supports home, pursuant to subdivision (d) of Section 4684.80 of the Welfare and Institutions Code.

§ 1567.62

Amended by Stats. 2019, Ch. 28, Sec. 2. (SB 81) Effective June 27, 2019.

(a)Each enhanced behavioral supports home shall be licensed as an adult residential facility or a group home and certified by the State Department of Developmental Services.

(b)A certificate of program approval issued by the State Department of Developmental Services shall be a condition of licensure for the enhanced behavioral supports home by the State Department of Social Services.

(c)An enhanced behavioral supports home shall not be licensed by the State Department of Social Services until the certificate of program approval, granted by the State Department of Developmental Services, has been received.

(d)Placements of dual

agency clients into enhanced behavioral supports homes that are licensed as group homes shall be subject to the limitations on the duration of the placement set forth in Sections 319.2 and 319.3 of, and subparagraphs (A) and (B) of paragraph (9) of subdivision (e) of Section 361.2 of, the Welfare and Institutions Code.

(e)For the purpose of this article, dual agency clients are foster children 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 are also either a consumer of regional center services, or who are receiving services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code), but who are under three years of age and have not yet been determined to have a developmental disability.

(f)The State Department of Social Services is not responsible for any of the following:

(1)Developing and approving a consumer’s individual behavior supports plan in conjunction with the consumer’s individual behavior supports team.

(2)(A) Oversight of any services that may be provided by a licensed health professional or licensed mental health professional to a consumer.

(B)Services provided by a licensed health or licensed mental health professional means services that may only be provided under the authority of the licensed health service provider’s or licensed mental health service provider’s professional license.

(g)Subdivision (f) does not limit the State

Department of Social Services’ ability to enforce Chapter 3 (commencing with Section 1500), and applicable regulations.

§ 1567.63

Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.

The license applicant shall submit a facility program plan to the State Department of Developmental Services for approval and submit the approved plan to the State Department of Social Services as part of the facility plan of operation. The plan of operation shall be approved by the State Department of Social Services prior to licensure.

§ 1567.64

Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.

The State Department of Social Services shall adopt regulations to address, at a minimum, staffing structure, staff qualifications, and training. Training requirements shall include a minimum of 16 hours of emergency intervention training. “Emergency intervention training” means the techniques the licensee will use to prevent injury to, and maintain safety for, consumers who are a danger to themselves or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints.

§ 1567.65

Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.

If the State Department of Social Services determines that urgent action is necessary to protect a consumer residing in an enhanced behavioral supports home from physical or mental abuse, abandonment, or any other substantial threat to their health and safety, the State Department of Social Services shall notify the State Department of Developmental Services. The State Department of Developmental Services may request that the regional center or centers take action within 24 hours, which may include, as appropriate, the removal of a consumer from the enhanced behavioral supports home or obtaining alternative or additional services. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP

meeting shall be convened within 30 days following an action pursuant to this section.

§ 1567.66

Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.

An enhanced behavioral supports home employing secured perimeters shall comply with Section 1531.15 and applicable regulations.

§ 1567.67

Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.

(a)The State Department of Social Services shall revoke the enhanced behavioral supports home’s facility license if the State Department of Developmental Services has decertified an enhanced behavioral supports home program certification pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code.

(b)The State Department of Developmental Services and regional centers shall, for purposes of assisting in licensing, provide the State Department of Social Services with all available documentation and evidentiary support that was submitted to the State Department of Developmental Services in connection with certification by an applicant for

licensure under this article.

§ 1567.68

Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.

(a)A license shall not be issued pursuant to this article before emergency regulations for this article filed by the State Department of Developmental Services have been published.

(b)Emergency regulations to implement this article may be adopted by the director of the State Department of Social Services in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). These regulations shall be developed in consultation with system stakeholders. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate

preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.

(c)The adoption, initial amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Social Services is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed

within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance.

§ 1567.69

Amended by Stats. 2015, Ch. 303, Sec. 277. (AB 731) Effective January 1, 2016.

This article does not interfere with the authority of the State Department of Social Services to temporarily suspend or revoke the license of an enhanced behavioral supports home pursuant to Section 1550.