Cal. Code Regs. Tit. 17, § 56053 - Immediate Danger

(a) Situations which come to the attention of, or are reported to, the regional center and which appear to constitute an immediate danger shall be investigated immediately following the notification. Situations which shall be investigated include but are not limited to:

(1) Life threatening structural conditions;

(2) Suspicion or allegations of abuse of a consumer;

(3) A consumer(s) in the facility with no direct supervision unless there is an IPP objective and waiver or exception, approved pursuant to Title 22, California Code of Regulations, Section 80024;

(4) Failure to provide a consumer(s) with a medically prescribed special diet(s); or

(5) The presence of an individual exhibiting aggressive or assaultive behavior which is life threatening to self or others.

(b) When the regional center determines that the purpose of the visit would be thwarted if advance notice were given, the regional center shall have the authority to make an unannounced visit to the facility to verify the existence of the immediate danger.

(c) In cases of alleged consumer abuse, the regional center shall:

(1) Immediately forward any allegations regarding consumer abuse to the applicable protective services agency; and

(2) Cooperate with the investigating agency as requested.

(d) Immediately after verifying that a situation exists which constitutes an immediate danger, the regional center shall take the following actions:

(1) Meet with the administrator to describe the situation(s) which constitutes the immediate danger; and

(2) Notify the Department of Social Services' Community Care Licensing Division district office of the conditions which constitute the immediate danger.

(e) The regional center shall determine whether the immediate danger can be corrected within 24 hours of verification.

(1) When the immediate danger cannot be corrected within 24 hours of verification, the regional center shall initiate the emergency relocation of the consumer(s) subject to the immediate danger.

(2) When the immediate danger can be corrected within 24 hours of verification, and the safety of the consumer(s) can be assured, the regional center shall verify that the correction of the immediate danger has occurred.

(A) The regional center shall verify the correction of the immediate danger within 24 hours of notification by the facility that the immediate danger has been corrected.

(f) The regional center shall document all actions taken pursuant to subsections (a) through (e) above.

Notes

Cal. Code Regs. Tit. 17, § 56053

1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.
3. Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No. 47).
4. Editorial correction of HISTORY 2 (Register 94, No. 47).
5. Editorial correction of subsection (a)(3) (Register 95, No. 18).
6. Change without regulatory effect amending NOTE filed 12-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 49).

Note: Authority cited: Sections 4681.1, 4748 and 4791(i), Welfare and Institutions Code; Chapter 722, Statutes of 1992, Section 147. Reference: Sections 4502, 4648, 4648.1, 4681.1, 4741, 4748 and 4791, Welfare and Institutions Code.

1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.
3. Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No. 47).
4. Editorial correction of History 2 (Register 94, No. 47).
5. Editorial correction of subsection (a)(3) (Register 95, No. 18).
6. Change without regulatory effect amending Note filed 12-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 49).