Section 85301 - DefinitionsIn addition to Sections 80001, 84001 for a Community Crisis Home that is licensed as a Group Home, and 85001 for a Community Crisis Home that is licensed as an Adult Residential Facility, the following shall apply:
(a)(1) "Assistant Behavior Analyst" means an individual who assesses the function of a behavior of a client and designs, implements, and evaluates instructional and environmental modifications to produce socially significant improvements in the client's behavior through skill acquisition and the reduction of behavior, under supervision of a Behavior Analyst. Assistant Behavior Analysts engage in descriptive functional assessments to identify environmental factors of which behavior is a function. An Assistant Behavior Analyst is recognized by the national Behavior Analyst Certification Board as a Board Certified Assistant Behavior Analyst.(2) "Authorized Consumer Representative" shall have the same meaning as California Code of Regulations, Title 17, Section 59000. An Authorized Consumer Representative shall not have the same meaning as authorized representative as defined by Section 80001(a)(7).(b)(1) "Behavior Analyst" means an individual who assesses the function of a behavior of a client and designs, implements, and evaluates instructional and environmental modifications to produce socially significant improvements in the client's behavior through skill acquisition and the reduction of behavior. Behavior Analysts engage in functional assessments or functional analyses to identify environmental factors of which behavior is a function. A Behavior Analyst is recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst.(c)(1) "Client" shall be considered a "consumer" and shall have the same meaning as Health and Safety Code section 1567.80(a).(2) "Community Crisis Home" means an Adult Residential Facility or a Group Home certified by the Department of Developmental Services and licensed by the Department that provides 24-hour nonmedical care to individuals with developmental disabilities receiving regional center services and in need of crisis intervention services, who would otherwise be at risk of admission to a more restrictive setting. A Community Crisis Home shall have a maximum capacity of eight clients. A Community Crisis Home is eligible for and must meet all the requirements for vendorization as a residential facility by a regional center pursuant to the requirements of California Code of Regulations, Title 17, Division 2, Chapter 3, Subchapter 2.(3) "Consultant" shall have the same meaning as the California Code of Regulations, Title 17, Section 59000.(4) "Crisis Intervention Services" means additional assessment, staffing, supervision, and other intensive services and supports to immediately address a consumer's urgent or emergent abrupt onset of a behavioral or other needs, which are beyond what is typically available in other community living arrangements. These services shall facilitate transition to a less restrictive community environment.(d)(1) "Direct Care Staff" means facility staff who personally provide direct supervision and special services to clients, as specified in Title 17, Section 56002(a)(12). (A) Direct supervision and special services shall include "care and supervision" as defined in Title 22, California Code of Regulations, Section 80001(c)(3).(2) "Dual Agency Client" means foster children in temporary custody of the child welfare agency under Section 319 of the Welfare and Institutions Code or under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code who are also either a client of regional center services, or who are receiving services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) but who are under three years of age and have not yet been determined to have a developmental disability.(e) through (g) (Reserved)(h)(1) "Health Care Professional" means a licensed registered nurse, nurse practitioner, physician assistant and/or a medical doctor, contracted or hired by the facility.(i)(1) "Individual Behavior Supports Plan" means the plan that identifies and documents the intensive support and service needs of a client; details the strategies to be employed and services to be provided in order for the client to return to their previous placement or to an appropriate alternative community based environment; and includes the entity responsible for providing those services. This plan includes the requirements of Health and Safety Code section 1180.4(a).(2) "Individual Behavior Supports Team" means those individuals who participate in the development, revision, and monitoring of the individual behavior supports plan for clients residing in a Community Crisis Home. The Individual Behavior Supports Team shall be composed of the individuals listed in Title 17, California Code of Regulations, Section 59000(t).(3) "Individual Program Plan" (IPP) shall have the same meaning as California Code of Regulations, Title 17, Section 59000.(j) through (o) (Reserved)(p)(1) "Planning Team" shall have the same meaning as the California Code of Regulations, Title 17, Section 59000.(r)(1) "Registered Behavior Technician" means an individual who is primarily responsible for the direct implementation of skill-acquisition and behavior-reduction plans, and practices under the close, ongoing supervision of a Behavior Analyst as defined in (b) or Assistant Behavior Analyst as defined in (a). The Registered Behavior Technician may also collect data and conduct certain types of assessments, but may not design intervention or assessment plans. A Registered Behavior Technician is recognized by the national Behavior Analyst Certification Board as a Board Certified Registered Behavior Technician.(s) through (z) (Reserved)Cal. Code Regs. Tit. 22, § 85301
1. New section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).
3. Change without regulatory effect renumbering former section 85301 to section 85101 and renumbering former section 85101 to section 85301 filed 1-2-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 1).
4. Amendment of first paragraph and subsections (c)(2) and (d)(1), new subsection (d)(2) and amendment of NOTE filed 3-1-2021 as an emergency; operative 3-1-2021 (Register 2021, No. 10). Pursuant to Health and Safety Code section 1567.87(c), this is a statutorily deemed emergency and the emergency language remains in effect until 3-1-2023 unless a Certificate of Compliance is transmitted to and approved by OAL prior to that date. Note: Authority cited: Sections 1530 and 1567.87, Health and Safety Code. Reference: Sections 1501, 1502, 1531, 1567.80, 1567.81 and 1567.82, Health and Safety Code.
1. New section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).
3. Change without regulatory effect renumbering former section 85301 to section 85101 and renumbering former section 85101 to section 85301 filed 1-2-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 1).
4. Amendment of first paragraph and subsections (c)(2) and (d)(1), new subsection (d)(2) and amendment of Note filed 3-1-2021 as an emergency; operative 3/1/2021 (Register 2021, No. 10). Pursuant to Health and Safety Code section 1567.87(c), this is a statutorily deemed emergency and the emergency language remains in effect until 3-1-2023 unless a Certificate of Compliance is transmitted to and approved by OAL prior to that date.