Cal. Code Regs. Tit. 22, § 76869 - Developmental Program Services-Behavior Management Program
(a) Behavior management programs shall be
approved by the Department of Developmental Services prior to implementation in
accordance with Sections
76856 and
76857(a)(12).
(b) No facility shall modify its approved
behavior management program prior to obtaining the written approval of the
Department of Developmental Services.
(c) Facilities which use behavior management
programs as part of their total service shall have:
(1) A written description of the behavior
management program.
(2) A written
assessment conducted by the interdisciplinary professional staff/team to
identify maladaptive behaviors which require management. This assessment shall
address the following areas:
(A) Social and
emotional status.
(B) Communication
skills.
(C) Physical and mental
status.
(D) Cognitive and adaptive
skills.
(E) An identification of
the maladaptive behaviors.
(F) A
baseline data collection system which addresses the maladaptive
behaviors.
(G) An analysis of the
maladaptive behaviors identified in terms of their antecedents and
consequences.
(3) A
written behavior management plan available to all facility staff, the client if
appropriate, or the client's representative, if lawful. This plan shall
include:
(A) Long range goals.
(B) Behavioral objectives that are
time-limited, measurable, observable, and complement the long-range
goals.
(C) Behavioral objectives
which specify:
1. The name of the primary
person providing the intervention.
2. The place of intervention.
3. The reinforcement(s) to be used to elicit
adaptive behaviors.
4. The type(s)
of interventions to be used.
(4) A written document that shall clearly
justify, prior to the use of behavioral interventions that:
(A) The procedure to be used is the least
restrictive and most effective intervention for the maladaptive
behaviors.
(B) The environment
where the behavior change is to occur which is designed to avoid stigma and to
support and reinforce adaptive behaviors is specified.
(C) A specific choice from different behavior
interventions that has been made based on relative effectiveness.
(D) The undesirable long-term and short-term
effects which may be associated with the procedures have been
identified.
(E) The conditions
under which the procedure is contraindicated have been identified.
(F) The social, behavioral and status
benefits that can be expected have been specified.
(G) The rights of the developmentally
disabled person were and are protected in accordance with Sections
4503
and
4505
of the Welfare and Institutions Code.
(H) All legal and regulatory requirements
have been met.
(I) There is a plan
to decrease the restrictiveness of the program.
(J) A recommended treatment hierarchy which
identifies the maladaptive behavior warranting the most immediate attention has
been developed.
(5) A
written monthly report of progress that shall include:
(A) The amount of progress attained in
achieving each behavioral objective.
(B) A determination as to whether the program
should be continued as designed, or amended.
(C) In those instances when it can be
demonstrated that behavioral programs utilizing only positive reinforcement do
not result in the desired adaptive behavior, mild restrictive interventions may
be employed. Such interventions shall be limited to:
(1) Contingent observation.
(2) Extinction.
(3) Withdrawal of social contact.
(4) Fines.
(5) Exclusion time-out, with the client in
constant visual observation.
Notes
Note: Authority cited: Sections 208.4 and 1267.7, Health and Safety Code. Reference: Section 1276, Health and Safety Code.
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