SECTIONS 4740-4748 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4740-4748

4740. The Legislature finds the following:
(a) The quality of care provided to persons with developmental
disabilities by residential facilities is contingent upon a closely
coordinated "team" effort by the regional center or its designee, the
person with developmental disabilities, the parent or representative
if appropriate, the residential facility administrator, and the
licensing agency. The rights and responsibilities of each must be
identified in order to assure clear direction and accountability for
each.
(b) The quality of care is impaired when inordinate numbers of
staff from placement and licensing agencies give direction to the
facility administrator regarding care and service requirements.

4741. An adult person with a developmental disability has the legal
right to determine where his or her residence will be. Except in a
situation which presents immediate danger to the health and
well-being of the individual, the regional center or its designee
shall not remove a consumer from a residential care facility against
the client's wishes unless there has been specific court action to
abridge such right with respect to an adult or unless the parent,
guardian or conservator consents with respect to a child.

4742. The regional center or its designated representative shall
(a) guide and counsel facility staff regarding the care and services
and supports required by each consumer served by the regional center;
and (b) monitor the care and services and supports provided the
individual to ensure that care and services and supports are provided
in accordance with the individual program plan.

4742.1. (a) A statement made by a regional center representative
when discharging his or her obligation to monitor the provision of
services and supports pursuant to this division shall be a privileged
communication, subject to subdivision (b).
(b) A statement shall not be privileged pursuant to subdivision
(a) if a party to a judicial action demonstrates that the regional
center representative made the disputed statement with knowledge of
its falsity or with reckless disregard for the truth.

4743. It is the intent of the Legislature that to the greatest
extent possible, the staff of the regional center or its designee are
assigned so as to minimize the number of persons responsible for
programs provided in a given facility.
The regional center or its designee shall designate the staff
person responsible for assuring that each individual consumer's
program plan is carried out. One person shall be assigned by the
regional center as the principal liaison to a facility and to monitor
the provision of care and the services provided by that facility in
accordance with the individual program plans. If, due to the number
of regional center consumers in the facility, additional staff of a
regional center or its designee serve consumers in the facility, one
person shall be assigned as having primary responsibility for, and
assure consistency and continuity of, directions to the administrator
and for the monitoring of care and services.

4744. The regional center or its designee shall provide to the
residential facility administrator all information in its possession
concerning any history of dangerous propensity of the consumer prior
to the placement in that facility. However, no confidential consumer
information shall be released pursuant to this section without the
consent of the consumer or authorized representative.

4745. During each visit to the facility, the designated staff
person shall inform the administrator orally of any substantial
inadequacies in the care and services provided, the specific
corrective action necessary and the date by which corrective action
must be completed. The designated staff person shall confirm this
information in writing to the administrator within 48 hours after the
oral notice and inform the administrator in writing of the right to
appeal the findings.

4746. The severity of the deficiencies and the quality of care
provided shall determine how long the regional center or its designee
will work with the facility administrator to resolve inadequacies.
After a reasonable period of time, if the care continues to be
unacceptable, the designated staff person shall submit to his or her
supervisor and to the licensing agency and administrator a
recommended disposition with supporting documents attached. The
placement agency shall develop sufficient documentation of
inadequacies and care provided to sustain corrective action.

4747. If a consumer or, when appropriate, the parent, guardian, or
conservator or authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 or subdivision (e) of
Section 4705, requests a relocation, the regional center shall
schedule an individual program plan meeting, as soon as possible to
assist in locating and moving to another residence.

4748. Within nine months of the effective date of this section, the
State Department of Developmental Services shall develop and
implement regulations for use by the regional center or its designee
to assure uniformity of the care and services to be provided to
persons registered with the regional centers who reside in
residential facilities.