Section 86168.4 - Removal and/or Discharge Procedures(a) The licensee shall develop, maintain and implement written policies and procedures governing a THPP participant's removal and/or discharge from a THPP. (1) Pursuant to Welfare and Institutions Code Section 16522.1(h)(21), grounds for termination may include, but shall not be limited to, illegal activities or harboring runaways.(b) The licensee shall ensure the participant and their authorized representative are offered the opportunity to participate in the development of a discharge plan for the participant. (1) The THPP shall provide the participant and their authorized representative with a copy of the discharge plan.(c) When the licensee determines the THPP can no longer meet the needs of the participant, the licensee shall notify the authorized representative of the determination and provide written notification that the participant shall be removed within seven days.(d) THPP personnel shall not prevent the removal of the participant from the THPP participant living unit under emergency circumstances by an authorized representative. (1) Emergency circumstances include but are not limited to:(A) Removal by law enforcement officer(s) when a participant is arrested or when the participant in the home is endangered by their continued presence in the home;(B) Removal for emergency medical or psychiatric care;(C) Relocation by the participant's authorized representative.Cal. Code Regs. Tit. 22, § 86168.4
Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code; and Section 16522.1, Welfare and Institutions Code.
Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code; and Section 16522.1, Welfare and Institutions Code.
1. New section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. Change without regulatory effect renumbering former section 86068.4 to new section 86168.4 filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
5. Amendment of subsections (b)-(b)(1) and (d)(1)(A) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).