LICENSURE OF COMMUNITY RESIDENTIALMENTAL RETARDATION FACILITIES

1. (a) The following criteria should be applied to determine if a facility should be licensed under Chapter 6400 (relating to community homes for individuals with mental retardation).

   1. (1) If a facility meets either of the following criteria, the facility is considered a community residential facility and shall comply with Chapter 6400:

      1. (i) The facility is leased or owned by the provider agency or County MH/MR Program. The resident does not sign his own lease or own his own home.
      2. (ii) An average of more than 10 hours of direct staff contact per week is provided to the facility. Staff may or may not live within the same apartment building or complex.
   2. (2) Direct staff contact includes person to person contact spent in training, programming and assisting the resident with daily living skills. It does not include telephone contact and time spent providing transportation to residents.

   3. (3) Licensing staff should review written leases and staffing schedules to determine if the criteria in this section apply to a specific individual facility. Following is a matrix that may be helpful in determining applicability of the regulations for a specific facility.

      	If more than 10 hours of direct staff contact per week per facility	If 10 hours or less direct staff per week per facility
      If all residents sign their own lease without agency co-signature or own their own home	LICENSE	DO NOT LICENSE
      If agency signs lease or owns building; or if agency co-signs lease with resident	LICENSE	LICENSE