(a)In the case of an incident involving the use of seclusion or behavioral restraints in a short-term residential therapeutic program, the facility shall, in conjunction with its process for a clinical and quality review and a debriefing as described in Section 1180.5, comply with all of the following steps:
(1)By no later than the day following the incident, notify any foster child who has been subject to seclusion or behavioral restraints of their personal rights, as specified in Section 16001.9 of the Welfare and Institutions Code, including, among others, the right to be provided with the contact information of the Community Care Licensing Division of the State Department of Social Services and the Office of the State Foster Care Ombudsperson, the right to contact either or both of t
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(a)
In the case of an incident involving the use of seclusion or behavioral restraints in a short-term residential therapeutic program, the facility shall, in conjunction with its process for a clinical and quality review and a debriefing as described in Section 1180.5, comply with all of the following steps:
(1)
By no later than the day following the incident, notify any foster child who has been subject to seclusion or behavioral restraints of their personal rights, as specified in Section 16001.9 of the Welfare and Institutions Code, including, among others, the right to be provided with the contact information of the Community Care Licensing Division of the State Department of Social Services and the Office of the State Foster Care Ombudsperson, the right to contact either or both of these offices immediately upon request regarding any violations of the foster child’s rights, the right to speak to representatives of these offices confidentially, and the right to be free from threats or punishment for making complaints.
(2)
Within seven days, provide a description of the incident, in both oral and written forms, to the person who was subject to seclusion or behavioral restraints and, as applicable, to the person’s parent, foster parent, guardian, Indian custodian, or other authorized representative, and attorney, if any, and for Indian children, as defined by subdivisions (a) and (b) of Section 224.1 of the Welfare and Institutions Code, the tribal representative. At a
minimum, the description shall contain information on all of the following:
(A)
The actions taken during the incident.
(B)
The rationale for the actions.
(C)
The personnel implementing the actions.
(D)
The duration of the incident.
(3)
Within seven days, provide a copy of the written description described in paragraph (2) to the State Department of Social
Services.
(b)
(1)
The State Department of Social Services shall review all reported incidents involving the use of seclusion or behavioral restraints and shall investigate any incidents that indicate a potential health and safety concern or licensing violation. As part of the assessment to determine if an investigation is required, the department shall determine whether the use of seclusion or behavioral restraints potentially
violated any licensing laws and regulations or violated the licensee’s approved emergency intervention plan.
(2)
If the department determines that an incident involving the use of seclusion or behavioral restraints should be investigated, the department shall provide the Office of the State Foster Care Ombudsperson with a copy of the incident report. The ombudsperson shall exercise their discretion in determining whether to investigate the incident pursuant to paragraph (3) of subdivision (a) of Section 16164 of the Welfare and Institutions Codes.
(c)
(1)
By January 1, 2026, the department shall display, on its internet website, data that is specific to short-term residential therapeutic programs and that displays all of the following:
(A)
Data collected pursuant to paragraph (4) of subdivision (c) of Section 1180.3, with regard to seclusion or behavioral restraints, as applicable to short-term residential therapeutic programs.
(B)
Written descriptions collected pursuant to subdivision (a), subject to the limitations described in subdivision
(d).
(C)
The number and types of licensing administrative actions taken against a short-term residential therapeutic program or individual associated with the short-term residential therapeutic program for the improper use of seclusion or behavioral restraints.
(D)
Completed investigation reports.
(2)
The department shall update the data described in paragraph (1) biannually.
(d)
(1)
Data described in subdivision (c) shall exclude any personally identifiable information of the person, personnel, or other individuals listed in paragraph (2) of subdivision (a).
(2)
This section shall be implemented to the extent not in conflict with any applicable federal or state privacy laws.