§ 4684.65. — 4684.65. (Amended by Stats. 2021, Ch. 76, Sec. 40.)

California § 4684.65.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 4.5.: DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED
• Ch. 6.: CHAPTER 6. Development and Support of Community Facilities and Programs
• Art. 3.5.: ARTICLE 3.5. Adult Residential Facilities for Persons with Special Health Care Needs and Group Homes for Children with Special Health Care Needs

Text

(a)
A regional center shall not place, or fund the placement for, any consumer in an ARFPSHN or a GHCSHN unless the following requirements are met:
(1)
The
individual health care plan team has prepared a written individual health care plan that can be fully and immediately implemented upon the consumer’s placement.
(2)
For placements in a GHCSHN, the regional center considers and documents every possible way to assist the child’s family or guardian to maintain the child in the home of the family or guardian, or return the child to the home of the family or guardian, when living at home is the preferred objective in the child’s individual program plan.
(b)
(1)
An ARFPSHN and GHCSHN shall only accept, for initial admission, consumers who meet both of the following requirements:
(A)
Reside in a developmental center at the time of the proposed placement.
(B)
Have an individual program plan that specifies special health care and intensive support needs that indicate the appropriateness of placement in an ARFPSHN or a GHCSHN.
(2)
Except as provided in paragraph (3), if a vacancy in an ARFPSHN or a GHCSHN occurs due to the permanent relocation or death of a resident, the vacancy may be filled by a consumer who meets the requirements of paragraph (1).
(3)
If there is no resident residing in a developmental center from any regional center who meets the requirements of subparagraph (B) of paragraph (1), a vacancy may be filled by a consumer of any regional center who does not reside in a developmental center if the consumer otherwise meets the requirements of subparagraph (B) of paragraph (1), the regional center demonstrates that the placement is necessary to protect the consumer’s health or safety, and the department has granted prior
written authorization.
(c)
The ARFPSHN or the GHCSHN shall not admit a consumer if the individual health care plan team determines that the consumer is likely to exhibit behaviors posing a threat of substantial harm to others, or has a serious health condition that is unpredictable or unstable. A determination that the individual is a threat to others may only be based on objective evidence or recent behavior and a determination that the threat cannot be mitigated by reasonable interventions.

Legislative History

Amended by Stats. 2021, Ch. 76, Sec. 40. (AB 136) Effective July 16, 2021.