1. (a) The consumer's regional center is responsible for monitoring and evaluating services provided in the Enhanced Behavioral Supports Home by conducting or coordinating at least quarterly face-to-face case management visits with each consumer, or more frequently if specified in the consumer's IPP.
2. (b) In addition, the vendoring regional center is responsible for monitoring and evaluating services provided in the Enhanced Behavioral Supports Home by conducting a quarterly quality assurance visit using a format prescribed by the Department.
3. (c) A vendoring regional center Qualified Behavior Modification Professional shall visit the consumers, announced or unannounced, in person, at least monthly in the Enhanced Behavior Supports Home to monitor the Individual Behavior Supports Plan objectives, and prepare written documentation on the status of the objectives. At least four of these visits per year must be unannounced.

4. (d) The Department shall monitor regional center compliance with Subsections (a), (b) and (c). Monitoring must include on-site visits by the Department to each Enhanced Behavioral Supports Home at least once every six months, including review of the written documentation prepared by the regional center Qualified Behavior Modification Professional.

   1. (1) The Regional Center shall submit to the Department a letter detailing how the findings and recommendations have been completed and a timeline for addressing any outstanding findings within 30 days of receipt of the Department's written findings and recommendations unless the Department determines submittal is required more immediately based on findings impacting the health and safety of consumers.

      1. (A) The written responses shall be submitted to the Department at [email protected].

5. (e) If the Department or regional center 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 the consumer's health and safety, the Department shall direct the regional center to immediately obtain alternative or additional services and supports to ensure the health and safety of the consumer. The Department may take into consideration any notification by the Department of Social Services pursuant to Section 1567.65 of the Health and Safety Code.

   1. (1) If additional services and supports cannot be provided immediately or if the Department determines that a different living arrangement is necessary to ensure the consumer's health and safety, the regional center shall, upon request by the Department, relocate the consumer within 24 hours of the determination, pursuant to Section 4684.81 (h) of the Welfare and Institutions Code and Section 1567.65 of the Health and Safety Code.
   2. (2) The regional center shall convene an IPP meeting within two working days of any action taken pursuant to this subsection to review and update the IPP and the Individual Behavioral Supports Plan, as needed.

Note: Authority cited: Section 4684.86, Welfare and Institutions Code. Reference: Sections 4684.81, 4684.84, 4684.85 and 4684.86, Welfare and Institutions Code; and Section 1567.65, Health and Safety Code.

History

1. New section filed 2-5-2016 as a deemed emergency pursuant to Welfare and Institutions Code section 4684.86; operative 2-5-2016 (Register 2016, No. 6). A Certificate of Compliance must be transmitted to OAL within 24 months. The emergency regulations may be readopted and remain in effect until approval of the Certificate of Compliance.

2. Certificate of Compliance as to 2-5-2016 order, including new article heading and amendment of subsections (b)-(d), transmitted to OAL 3-27-2017 and filed 5-9-2017; amendments operative 5-9-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 19).

3. Renumbering of former article 5 to article 8, renumbering of former section 59063 to 59057 and renumbering and amendment of former section 59055 to section 59063 filed 7-12-2023; operative 7-12-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 28).