§ 16519.52. — 16519.52. (Added by Stats. 2015, Ch. 773, Sec. 112.)

California § 16519.52.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 9.: DIVISION 9. PUBLIC SOCIAL SERVICES
• Part 4.: PART 4. SERVICES FOR THE CARE OF CHILDREN
• Ch. 5.: CHAPTER 5. State Child Welfare Services
• Art. 2.: ARTICLE 2. Resource Family Approval Program

Text

(a)
A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)
As used in this section, “delayed egress device” means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any resident’s departure from the home for longer than 30 seconds.
(c)
Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)
Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)
The person shall have a developmental disability, as defined in Section 4512.
(2)
The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)
An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or
impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)
The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)
The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents’ personal rights, lack of hazard
awareness and impulse control behavior, and emergency evacuation procedures.
(g)
The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)
The plan shall include, but shall not be limited to, all of the following:
(1)
A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)
A description of how the resource family will ensure the protection of the residents’ personal rights
consistent with Sections 4502, 4503, and 4504.
(3)
A description of how the resource family will manage the person’s lack of hazard awareness and impulse control behavior.
(4)
A description of the resource family’s emergency evacuation procedures.
(i)
Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)
Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.

Legislative History

Added by Stats. 2015, Ch. 773, Sec. 112. (AB 403) Effective January 1, 2016.