Cal. Code Regs. Tit. 22, § 86161 - Reporting Requirements
(a)
Each licensee or applicant shall furnish to the licensing agency reports as
required by the Department, including, but not limited to, those specified in
this section.
(b) Upon the
occurrence, during the operation of the facility, of any of the events
specified in (1) below, a report shall be made to the licensing agency within
the agency's next working day during its normal business hours. In addition, a
written report containing the information specified in (2) below shall be
submitted to the licensing agency within seven days following the occurrence of
such event.
(1) Events reported shall include
the following:
(A) Death of any participant
from any cause.
(B) Death of any
participant as a result of injury, abuse, or other than natural causes,
regardless of where the death occurred. This includes a death that occurred
outside the facility such as at a day program, workshop, job, hospital, en
route to or from a hospital, or visiting away from the facility.
1. The licensee shall obtain a certified copy
of the participant's death certificate as soon as it is available, maintain it
in the participant's file, and shall send a copy to the Department as soon as
it is obtained.
2. For Regional
Center participants, the licensee shall also send a copy of the death
certificate to the Regional Center.
(C) Any injury to any participant which
requires medical treatment.
(D) Any
unusual incident or participant absence which threatens the physical or
emotional health or safety of any participant.
1. A pregnancy or termination of a pregnancy
does not, in and of itself, constitute an unusual incident unless it meets
criteria specified for mandated reporting in Penal Code section
11166(a).
(E) Any suspected psychological
abuse of any participant.
(F) Any
suspected physical abuse of any minor.
1. A
pregnancy or termination of a pregnancy does not, in and of itself, constitute
an unusual incident unless it meets criteria specified for mandated reporting
in Penal Code section
11166(a).
(G) Epidemic outbreaks.
(H) Poisonings.
(I) Catastrophes.
(J) Fires or explosions which occur in or on
the premises.
(2)
Information provided shall include the following:
(A) Participant's name, age, sex, and date of
admission.
(B) Date and nature of
event.
(C) Attending physician's
name, findings, and treatment, if any.
(D) Disposition of the case.
(c) The items below
shall be reported to the licensing agency within 10 working days following the
occurrence.
(1) The organizational changes
specified in section
86034(a)(2).
(2) Any change in the licensee's or
applicant's mailing address.
(3)
Any change of the chief executive officer of a corporation or association.
(A) Such notification shall include the new
chief executive officer's name and address.
(B) Fingerprints shall be submitted as
specified in section
86019(d).
(4) Any changes in the plan of
operation which affect the services to participants.
(d) All THPP personnel, volunteers,
licensees, and child care custodians are required to report suspected child
abuse and neglect to a child protective agency and this licensing agency in
accordance with Penal Code Section
11164 et seq.
(1) All THPP personnel and volunteers,
licensees, and child care custodians shall sign a statement acknowledging their
reporting responsibilities.
(e) The licensee shall notify the THPP
participant's authorized representative and placement entity when it is
necessary to relocate the participant.
(f) The licensee shall notify the THPP
participant's authorized representative and placement entity no later than the
next business day when the participant has been removed from the THPP
participant living unit under emergency circumstances without the authorized
representative's participation.
(1) Within
three business days following relocation, the licensee shall notify the THPP
participant's authorized representative and placement entity of the THPP
participant's new address and telephone number.
(g) The licensee shall notify the THPP
participant's authorized representative and placement entity of all incidents
reported to the licensing agency as required in Section
86161(b)(1)(A) through
(I).
(h) The licensee shall notify the licensing
agency, within ten business days, of a change of administrator. The
notification shall include the following:
(1)
The name and mailing and residence address of the new administrator;
(2) Date the administrator assumed the
position;
(3) Verification of the
administrator's required education, experience and qualifications.
(i) The licensee shall report to
the licensing agency, the participant's authorized representative, and
placement entity within 24 hours, any unexplained absence of a THPP
participant, unless otherwise specified in the participant's needs and services
plan.
(j) The licensee shall submit
reports to the Department, using form LIC 624-LE or a report containing all the
information required in LIC 624-LE, regarding any incident that involves law
enforcement contact with a participant residing in a THPP living unit.
(1) The licensee shall make an initial report
to the Department no later than the next business day following each incident.
The initial report shall include all information described in items (A) through
(E) of Section
86161(j)(2) that
is known to the licensee at the time the report is made.
(2) Within six months of the incident, the
licensee shall provide a follow-up report for each incident that includes the
following information:
(A) The type of
incident.
(B) Whether the incident
involved an alleged violation of any crime, other than an age-based curfew law,
by a participant residing in the facility.
(C) Whether staff, participants, or both were
involved.
(D) The gender, race,
ethnicity, and age of participants involved.
(E) The outcome of the incident, if known,
including arrests, removals of participants from placement, termination or
suspension of staff, the filing of a 602 petition for the child, or revocation
of or changes to the terms of probation.
(3) The licensee may be required to provide
follow-up reports beyond the first six months if the Department determines that
the information provided in either the initial or follow-up reports is
incomplete, or if outcomes required to be reported are not known until later
than six months after the initial report.
(4) A licensee reporting an incident under
this paragraph shall not be required to report the same incident under any
other provision of this Section, or under Section
86061, if all information required
to be reported by the other provision is provided.
(5) For the purposes of this subsection,
"contact with law enforcement" means contact by police officers, sheriffs and
others, as defined in Section
86001(I)(1), with
a participant residing in a THPP living unit, which does not include routine
contact with a probation officer who is supervising the placement of a
participant in a THPP.
(k) The items specified in (b)(1)(A) through
(G) above shall also be reported to the participant's authorized
representative, if any.
(l) The
items specified in (b)(1)(D) through (F) above shall also be reported to the
local health officer when appropriate pursuant to title 17, California
Administrative Code, sections 2500, 2502 and 2503.
(m) The item specified in (b)(1)(G) shall
also be reported immediately to the local fire authority. In areas not having
organized fire services a report shall be made to the State Fire Marshal within
24 hours.
(n) Licensees shall send
copies of all substantiated complaints to board members of the licensed
facility, parents, legal guardians, conservators, participant rights advocates
or placement agencies, as designated in each participant's placement agreement
in accordance with Health and Safety Code section
1538.5.
Notes
Note: Authority cited: Sections 1530, 1530.8 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1507, 1531, 1538, 1538.5, 1538.7 and 1797.196, Health and Safety Code; Section 11166(a), Penal Code; and Section 15630, Welfare and Institutions Code.
Note: Authority cited: Sections 1530, 1530.8 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1507, 1531, 1538, 1538.5, 1538.7 and 1797.196, Health and Safety Code; and Section 15630, Welfare and Institutions Code.
2. Amendment of section and NOTE filed 3-1-2024; operative
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