Cal. Code Regs. tit. 22 § 85368.2

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 85368.2 - Needs and Services Plan

In addition to Sections 80068.2, 84068.2 for a Community Crisis Home that is licensed as a Group Home, and 85068.2 for a Community Crisis Home that is licensed as an Adult Residential Facility, the following shall apply:

(a) The facility administrator is responsible for coordinating the development and subsequent updating of the client's Individual Behavior Supports Plan.
(b) The licensee shall ensure the client's Individual Behavior Supports Plan include all the applicable requirements established in Title 17, Division 2, Chapter 3, Subchapter 23, Section 59009 and 59010.
(c) Notwithstanding 85168.2(a), the licensee of a Community Crisis Home that is licensed as an Adult Residential Facility shall develop an individual emergency intervention plan for the client prior to admission. In the event the client is in crisis and cannot participate in the development of the individual emergency intervention plan, the licensee shall utilize any relevant documentation, including but not limited to previous behavior plans or client assessments provided by the regional center, to complete the individual emergency intervention plan prior to admission. The licensee shall ensure the client's input is included in the individual emergency intervention plan as soon as possible and within 24 hours of admission.
(1) The individual emergency intervention plan shall be based on the initial assessment as required in Section 85368.1(a)(1). In the event that the provisions of the Individual Emergency Plan are addressed in the Individual Behavior Supports Plan required by California Code of Regulations, Title 17, Section 59010, and within the time frame required by Section 85368.2(c), the licensee shall not be required to complete a separate or additional Individual Emergency Intervention Plan for the client.
(d) The licensee of a Community Crisis Home that is licensed as a Group Home shall develop an individual emergency intervention plan for the client prior to admission. In the event the client is in crisis and cannot participate in the development of the individual emergency intervention plan, the licensee shall utilize any relevant documentation, including but not limited to previous behavior plans or client assessments provided by the regional center, to complete the individual emergency intervention plan prior to admission. The licensee shall ensure that input from the client and the client's authorized representative is included in the individual emergency intervention plan as soon as possible and within 24 hours of admission.
(1) The individual emergency intervention plan shall be based on the initial assessment as required in Section 85368.1(a)(2). In the event that the provisions of the individual emergency intervention plan are addressed in the Individual Behavior Supports Plan required by California Code of Regulations, Title 17, Section 59010, and within the time frame required by Section 85368.2(d), the licensee shall not be required to complete a separate or additional individual emergency intervention plan for the client.
(e) Notwithstanding 85068.2(b)(1)(G), the licensee shall document the results of the initial assessment of the client, conducted pursuant to Health and Safety Code section 1180.4(a) as soon as possible and within 24 hours of admission.
(f) Notwithstanding 85068.2(b), if the client is to be admitted, then prior to or within 24 hours of admission, the licensee shall complete a written Needs and Services Plan, which shall include:
(1) The client's desires and background, obtained from the client, the client's family or his/her authorized representative, if any, and licensed professional, where appropriate, regarding the following:
(A) Entrance to the facility.
(B) Specific service needs, if any.
(C) The written medical assessment specified in Section 80069.
(D) Mental emotional functioning.
(E) The written mental health intake assessment, if any, specified in Section 85069.3.
(F) The written functional capabilities assessment specified in Section 80069.2.
(2) Facility plans for providing services to meet the individual needs identified above.

Cal. Code Regs. Tit. 22, § 85368.2

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 85368.2 to section 85168.2 and renumbering section 85168.2 to section 85368.2, including amendment of subsections (c) and (c)(1), 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)-(c)(1), new subsections (d)-(d)(1) and subsection relettering 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 1180.4, 1501, 1502, 1531 and 1567.81, 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 85368.2 to section 85168.2 and renumbering section 85168.2 to section 85368.2, including amendment of subsections (c) and (c)(1), 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)-(c)(1), new subsections (d)-(d)(1) and subsection relettering 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.