Cal. Code Regs. tit. 17, § 56095 – Monitoring and Sanctions.

(a) The FHA's social service staff shall monitor family homes on at least a monthly basis to ensure:
1. (1) Consistency between the services and supports being provided by the family home and the services and supports specified in the consumer's IPP;
2. (2) Consistency between the services and supports being provided by the family home and the FHA's program design;
3. (3) Consumer satisfaction;
4. (4) Appropriateness of the match between the needs of the consumer and the family home;
5. (5) Consumer health and safety; and
6. (6) Accountability of consumer funds and property.
(b) The FHA's social service staff shall report deficiencies identified pursuant to subsection (a) to the regional center.
(c) The regional center representative shall meet with the consumer at least quarterly to ensure the following:
1. (1) That the services and supports referenced in the consumer's IPP are being provided as specified;
2. (2) That the consumer is achieving the outcomes specified in the consumer's IPP;
3. (3) That the consumer's health and safety are not endangered;
4. (4) That the consumer is satisfied as a resident in the family home, as determined by the consumer, the consumer's authorized representative, if any, the consumer's family, or significant others, or all of these; and
5. (5) That the consumer's funds and property are accounted for.
(d) When the meeting pursuant to subsection (c) is announced, the regional center representative shall provide advance notice to the consumer's authorized representative, if any, of the date and time of the meeting.
1. (1) A maximum of two of the quarterly meetings per year may be conducted during an unannounced visit pursuant to Welfare and Institutions Code Section 4648.1 provided that the regional center representative also satisfies the requirements of (c).
(e) At least two of the quarterly meetings required by subsection (c) shall take place at the family home and a representative of the FHA shall be present.
1. (1) Other quarterly meetings may take place at a place other than the consumer's residence at a site acceptable to the consumer.
(f) When the consumer's authorized representative, if any, is unable to attend the meeting, or the meeting is unannounced pursuant to Welfare and Institutions Code Section 4648.1(a), the regional center representative shall confer with the consumer's authorized representative regarding the consumer's progress toward achieving his/her Lanterman Act IPP objectives.
(g) A regional center representative shall monitor the FHA on at least an annual basis to ensure:
1. (1) That services and supports provided by the FHA and the family home conform to applicable laws and regulations;
2. (2) That the administration of the FHA is consistent with the contract negotiated between the FHA and the regional center pursuant to Section 56082(a); and
3. (3) That the services and supports provided by the FHA and the family home are consistent with the FHA's program design as required by Section 56084.
(h) In the event that the regional center learns of or identifies a deficiency pursuant to subsections (a) through (c) and (g), the regional center shall require the FHA to implement a written plan of corrective action which specifies:
1. (1) A description of the condition(s) or complaint(s) which led to the need for corrective action;
2. (2) The method(s) by which the administrator is required to correct the condition(s) or complaint(s);
3. (3) The technical assistance to be provided by the regional center or the Department; and
4. (4) The time frame for the correction of the condition(s) or complaint(s).
(i) When the FHA fails to make the required corrections specified in subsection (h), the regional center shall impose any or all of the following sanctions on the FHA by requiring:
1. (1) Movement of a consumer from a family home;
2. (2) Termination of approval of a family home and revocation of the family home's Certificate of Approval; and
3. (3) Termination of the FHA's vendorization.
(j) When the regional center imposes a sanction pursuant to subsection (i), the regional center shall inform the FHA in writing of the following:
1. (1) The sanction to be imposed;
2. (2) The deficiency which led to the sanction; and
3. (3) The effective date of the sanction.

Note: Authority cited: Section 11152, Government Code; and Sections 4405 and 4689.1, Welfare and Institutions Code. Reference: Sections 4501, 4646.5, 4648.1(a), 4689.1 and 4742, Welfare and Institutions Code; and Chapter 282, Statutes of 1997, Item 4300-101-0001, Provision 8.

History

1. New article 13 and section filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency language will be repealed by operation of law on the following day.

2. New article 13 and section refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-24-95 order, including amendment of subsections (a)(3) and (c)(4), transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8).

4. Amendment of subsection (c) and Note filed 6-29-98 as an emergency; operative 6-29-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-27-98 or emergency language will be repealed by operation of law on the following day.

5. Amendment of subsection (c) and Note refiled 10-20-98 as an emergency; operative 10-27-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 10-20-98 order transmitted to OAL 12-31-98, disapproved by OAL and order of repeal of 10-20-98 order filed on 2-17-99 (Register 99, No. 8).

7. Amendment of subsections (c)-(c)(1) and (c)(4), new subsections (d)-(f), subsection relettering, amendment of newly designated subsections (h), (i) and (j) and amendment of Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).