Welcome to the California Department of Alcohol and Drug Programs
California Code of Regulations
Title 9. Rehabilitation and Developmental Services
Division 4. Department of Alcohol and Drug Programs
Chapter 5. Licensure of Residential Alcoholism or Drug Abuse Recovery
Subchapter 4. Additional Requirements for Facilities Providing Services to Adolescents in Adult Facilities
Article 2. Waivers to Treat Adolescents in Adult Facilities


§10599. Departmental Authority to Grant Waivers.

The Department may grant a waiver, which will allow a licensed alcoholism or drug abuse recovery or treatment facility to serve adolescents fourteen (14) years of age and older, when the licensee documents in writing that:
(a) A need for such services exists, and
(b) Adolescent-specific services are otherwise unavailable in the county. Lack of available services shall be supported by a written statement from the county alcohol or drug program administrator of the county in which the facility is located.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New subchapter 4, article 2 (sections 10599-10612) and section filed 3-18- 97; operative 4-17-97 (Register 97, No. 12).




§10600. Requirement for Waiver.

The licensee shall obtain a waiver from the Department, in accordance with this Subchapter, before admitting or providing services to an adolescent.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23087 (Register 87, No. 43).

2. Change without regulatory effect renumbering article heading filed 11-17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).

3. Repealer of former subchapter 3, article 6 (sections 10600-10612) and section, and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10601. Prohibition Against Providing Adolescent Services Without a Waiver.

The licensee shall not admit or provide services to an adolescent prior to obtaining a waiver from the Department in accordance with this Subchapter. The letter, issued by the Department to approve the waiver, shall stipulate that the licensee may provide recovery, treatment, or detoxification services to a specified maximum number of adolescents, for a specific period of time. The waiver approval letter shall be displayed in conjunction with the license.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10602. Limitation on Capacity.

(a) Facilities with a total capacity of one (1) to ten (10) residents may be granted a waiver to serve one (1) adolescent. Facilities with a total capacity of eleven (11) to twenty (20) residents may be granted a waiver to serve two (2) adolescents. Facilities with a total capacity of twenty-one or more residents may be granted a waiver to serve three (3) adolescents.
(b) The Department shall not approve a waiver to serve more than three (3) adolescents in any facility.
(c) Adolescent participation in an alcoholism or drug abuse recovery or treatment facility shall be limited to minors fourteen (14) years of age or older.
(d) Upon approval of a waiver, a male adolescent fourteen (14) years of age or older may be admitted to a facility which provides services to male adults only.
(e) Upon approval of a waiver, a female adolescent fourteen (14) years of age or older may be admitted to facility which provides services to female adults only.
(f) Male and female adolescents may be admitted to a facility which provides services to both male and female adults only when:
(1) The licensee has developed and enforces a policy which addresses the following issues:
(A) Staff/client, staff/staff, and client/client relationships;
(B) Sexual harassment; and
(C) Violent assaults;
(2) A trained, paid, staff member shall be on duty an awake at all times;
(3) The licensee has developed and implemented staff training which identifies areas unique to adolescent growth and development and teaches appropriate responses to the unique needs of the adolescent population to be served;
(4) The licensee has made provisions for groups which are limited to the gender of the adolescent to be served; and
(5) The licensee has identified appropriate community resources.
(g) The licensee shall comply with the criminal records clearance requirements of Article 4 (commencing with Section 10624) of this Subchapter to admitting or providing services to an adolescent.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10603. Who May Request a Waiver.

Any applicant for licensure or any licensed alcoholism or drug abuse recovery or treatment facility may request a waiver to provide services to adolescents in accordance with this Subchapter.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10604. Content of Request for Waiver.

The written request for waiver shall include:
(a) A plan for:
(1) Continuing the education for adolescent residents in accordance with state law, and
(2) Provision of supervised study time;
(b) Intake policies and procedures;
(c) A copy of the admission agreement used for adolescent residents;
(d) Policies and procedures for removal and/or discharge of adolescent residents from the facility;
(e) Policies and procedures for disciplining adolescent residents;
(f) The documentation required in Section 10605; and
(g) Fingerprint forms for individuals identified in Section 10624, per procedure in Section 10625.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10605. Documentation to be Submitted with Waiver.

The licensee shall attach to the written request for waiver a written statement from the county alcohol or drug program administrator of the county in which the facility is located. The written statement shall document that:
(a) A need for such services exists; and
(b) Adolescent-specific services are otherwise unavailable in the county.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10606. Where to Submit Request for Waiver.

(a) The licensee shall submit the written request for waiver and documentation required in accordance with Section 10605 to the Licensing and Certification Branch, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95814.
(b) Subsequent to the Department's approval of the waiver, the licensee shall maintain on file a copy of the request for waiver.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10607. Departmental Review of Request for Waiver.

(a) The Department shall review the written request for waiver to determine if it complies with the requirements of this Subchapter.
(b) The Department shall not approve a waiver prior to approval of a criminal records clearance, pursuant to Article 4 (commencing with Section 10624) of this Subchapter.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10608. Approval of Waiver.

The Department shall approve the request for waiver if it complies with the requirements of this Subchapter, including the criminal records clearance provisions of Sections 10624 through 10632.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10609. Renewal of Waiver.

The Department shall reassess the need for a waiver in conjunction with the extension of period of licensure, as discussed in Section 10529.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10610. Voluntary Surrender of Waiver.

At any time, after submission of the request for waiver, the licensee may voluntarily surrender the waiver by so notifying the Department in writing and returning to the Department the waiver approval letter.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10611. Denial of Waiver.

The Department shall deny the request for waiver if it does not comply with the requirements of this Subchapter, including the criminal records clearance provisions of Sections 10624 through 10631.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10612. Termination of Waiver.

(a) The Department shall terminate a waiver when Departmental review indicates that the licensee is not in compliance with the requirements of this Subchapter, including the criminal records clearance provisions of Sections 10624 through 10631.
(b) The waiver shall terminate immediately upon oral or written notification by the Department. The Department shall follow-up oral notification by letter within ten days.

NOTE
Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

2. Repealer and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).