Cal. Code Regs. Tit. 17, § 56054 - Substantial Inadequacies

(a) Substantial inadequacies are the following:

(1) Conditions posing a threat to the health and safety of any consumer, that are not considered an immediate danger as specified in Section 56053;

(2) Provision of fewer direct care staff hours than are required by the facility's approved service level;

(3) Violations of consumers' rights as defined in Section 56002(a)(8);

(4) Failure to provide consumer services as specified in the consumer's IPP;

(5) Failure to comply with the terms of the consumer's Admission Agreement;

(6) Deficiencies or irregularities in the handling of the consumer's cash resources, personal property, and valuables;

(7) Failure to comply with the requirements for administrator and staff qualifications and/or administrator and staff training;

(8) Failure of a Service Level 4 facility to utilize the instructional methods and techniques which are specified in the facility's program design;

(9) Failure of a Service Level 4 facility to utilize the methodology for measurement of consumer progress toward achievement of IPP objectives which is specified in the facility's program design;

(10) Failure to take a required action pursuant to Section 56052 within the specified timeframe;

(11) Failure to:

(A) File an accurate and complete report verifying the use of rate increase funds authorized by Welfare and Institutions Code Section 4681.4(a) or (b) as required by Title 17, California Code of Regulations, Section 56934(a);

(B) Utilize Welfare and Institutions Code Section 4681.4(a) or (b) rate increase funds for the purposes specified in Title 17, California Code of Regulations, Section 56932(a)(1) through (3);

(C) Utilize Welfare and Institutions Code Section 4681.4(a) or (b) rate increase funds for a purpose which has been approved by the Department pursuant to Title 17, California Code of Regulations, Section 56932(a)(4); or

(12) Failure to ensure that a direct care staff:

(A) Completes the competency-based training and testing required by Section 56033(a)(1) or (2); or

(B) Completes any additional training required by Section 56033(d)(2); or

(C) Complies with Section 56033(f)(1) or (2) when the direct care staff has failed to satisfactorily complete the competency-based training and competency testing.

(13) Failure to report special incidents pursuant to Section 54327.

(b) When the regional center receives a report that there are substantial inadequacies in the services of a facility, or when the regional center discovers that there are substantial inadequacies in the services of a facility, the regional center shall have the authority to make an unannounced visit(s) to the facility.

Notes

Cal. Code Regs. Tit. 17, § 56054

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)(1) (Register 95, No. 18).
6. Amendment of subsections (a)(8) and (a)(9) and new subsection (a)(10) filed 6-30-98 as an emergency; operative 6-30-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-28-98 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsections (a)(8) and (a)(9) and new subsection (a)(10) refiled 10-20-98 as an emergency; operative 10-20-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-17-99 or emergency language will be repealed by operation of law on the following day.
8. New subsections (a)(11)-(a)(12)(C) and amendment of NOTE filed 12-31-98 as an emergency; operative 12-31-98 (Register 99, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-99 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 10-20-98 order, including further amendment of subsection (a)(10), new subsection (a)(13) and amendment of NOTE, transmitted to OAL 12-31-98 and filed 2-17-99 (Register 99, No. 8).
10. New subsections (a)(11)-(a)(12)(C) and amendment of NOTE refiled 5-11-99 as an emergency; operative 5-11-99 (Register 99, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-8-99 or emergency language will be repealed by operation of law on the following day.
11. New subsections (a)(11)-(a)(12)(C) and amendment of NOTE refiled 9-9-99 as an emergency; operative 9-9-99 (Register 99, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-7-2000 or emergency language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to 9-9-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 2).
13. New subsections (a)(11)-(a)(12)(C) and amendment of NOTE filed 1-14-2000 as an emergency; operative 1-14-2000 (Register 2000, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-15-2000 or emergency language will be repealed by operation of law on the following day.
14. Repealer and new section filed 3-13-2000 as an emergency; operative 3-13-2000 (Register 2000, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-11-2000 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 3-13-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 30).
16. Repealer and new section filed 7-26-2000 as an emergency; operative 7-26-2000 (Register 2000, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-2000 or emergency language will be repealed by operation of law on the following day.
17. Refiling of 7-26-2000 order, including amendment of subsections (a)(3) and (a)(10), new subsection (a)(13) and amendment of subsection (b), 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 7-26-2000 order transmitted to OAL 3-22-2001 and filed 5-2-2001 (Register 2001, No. 18).
19. Change without regulatory effect amending NOTE filed 2-28-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 9).

Note: Authority cited: Section 11152, Government Code; Sections 4681.1, 4695.2(e) and 4748, Welfare and Institutions Code. Reference: Sections 4646.5, 4647, 4648, 4648.1, 4681.1, 4681.4, 4695.2, 4742, 4743, 4745, 4746, 4747 and 4748, 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 H istory 2 (Register 94, No. 47).
5. Editorial correction of subsection (a)(1) (Register 95, No. 18).
6. Amendment of subsections (a)(8) and (a)(9) and new subsection (a)(10) filed 6-30-98 as an emergency; operative 6-30-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-28-98 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsections (a)(8) and (a)(9) and new subsection (a)(10) refiled 10-20-98 as an emergency; operative 10-20-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-17-99 or emergency language will be repealed by operation of law on the following day.
8. New subsections (a)(11)-(a)(12)(C) and amendment of N ote filed 12-31-98 as an emergency; operative 12-31-98 (Register 99, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-99 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 10-20-98 order, including further amendment of subsection (a)(10), new subsection (a)(13) and amendment of N ote, transmitted to OAL 12-31-98 and filed 2-17-99 (Register 99, No. 8).
10. New subsections (a)(11)-(a)(12)(C) and amendment of N oterefiled 5-11-99 as an emergency; operative 5-11-99 (Register 99, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-8-99 or emergency language will be repealed by operation of law on the following day.
11. New subsections (a)(11)-(a)(12)(C) and amendment of N ote refiled 9-9-99 as an emergency; operative 9-9-99 (Register 99, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-7-2000 or emergency language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to 9-9-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 2).
13. New subsections (a)(11)-(a)(12)(C) and amendment of N ote filed 1-14-2000 as an emergency; operative 1-14-2000 (Register 2000, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-15-2000 or emergency language will be repealed by operation of law on the following day.
14. Repealer and new section filed 3-13-2000 as an emergency; operative 3-13-2000 (Register 2000, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-11-2000 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 3-13-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 30).
16. Repealer and new section filed 7-26-2000 as an emergency; operative 7-26-2000 (Register 2000, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-2000 or emergency language will be repealed by operation of law on the following day.
17. Refiling of 7-26-2000 order, including amendment of subsections (a)(3) and (a)(10), new subsection (a)(13) and amendment of subsection (b), 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 7-26-2000 order transmitted to OAL 3-22-2001 and filed 5-2-2001 (Register 2001, No. 18).
19. Change without regulatory effect amending N ote filed 2-28-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 9).