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 3. Compliance Requirements


§10613. Admission of Adolescents.

(a) In addition to the requirements of Section 10566, the licensee shall develop and implement intake procedures.
(b) At the time of admission, the licensee shall provide the adolescent resident and the adolescent's authorized representative with a written admission agreement which meets the requirements of Section 10581.
(1) Within seven (7) days of the resident's admission, the admission agreement shall be dated and signed by:
(A) The adolescent resident,
(B) The adolescent's authorized representative, and
(C) The licensee.
(2) Modifications to the original agreement shall be dated and signed by:
(A) The adolescent resident,
(B) The adolescent's authorized representative, and
(C) The licensee.
(3) The licensee shall:
(A) Retain in the adolescent resident's record the original copy of the signed admission agreement and any modifications, and
(B) Provide a copy of the signed admission agreement and any modifications to the adolescent resident and to the adolescent's authorized representative.
(c) The licensee shall comply with all terms and conditions set forth in the admission agreement.

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 3 (sections 10613-10623) and section filed 3-18- 97; operative 4-17-97 (Register 97, No. 12).




§10614. Consent of Authorized Representative.

(a) The licensee shall permit any adolescent resident to act on his/her own behalf and shall not require such adolescent resident to have an authorized representative, provided that the adolescent has:
(1) Applied for services pursuant to Family Code Section 6929(b), or
(2) Been emancipated pursuant to Part 6 (commencing with Section 7000) Division 11 of the Family Code.
(b) The licensee shall require all adolescents, other than those covered in (a)(1) or (2) of this regulation, to have an authorized representative.
(c) The licensee shall not detain an adolescent resident against the will of the adolescent's parent, legal guardian, or conservator. In those cases where law permits the adolescent to contract for or consent to treatment without the consent of an authorized representative, the adolescent shall not be detained in the facility against his/her will. This provision shall not be construed to preclude nor to prohibit attempts to persuade an adolescent resident to remain at the facility.

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 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10615. Staffing Requirements.

(a) An alcoholism or drug abuse recovery or treatment facility granted a waiver to serve adolescents shall provide supervision of adolescent residents by program staff twenty-four (24) hours per day, seven (7) days per week. Residents shall not be used to fulfill this requirement.
(b) The licensee shall comply with criminal record clearance requirements of Article 4 (commencing with Section 10624):
(1) Prior to approval of a waiver, and
(2) Continuously after approval of the waiver.
(c) In addition to the requirements of Section 10564, the following shall apply to facilities granted a waiver to provide services to adolescents:
(1) The licensee shall ensure that adequate numbers of trained staff are consistently available to provide the services and supervision required and to meet the requirements otherwise identified in this Subchapter.
(2) All individuals who have supervisory responsibility or frequent or routine contact with adolescent residents shall meet the criminal record clearance requirements of Article 4 (commencing with Section 10624).
(d) From 7:00 a.m. to 10:00 p.m. there shall be two staff members on site and awake when adolescents are present.
(e) From 10:00 p.m. to 7 a.m. there shall be at least one (1) staff member on site and awake.

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 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10616. Development of Needs and Services Plan.

(a) In addition to the requirements of Section 10566, the licensee shall develop a needs and services plan for each adolescent resident.
(b) The needs and services plan shall identify:
(1) The adolescent's educational needs and the services which will meet those needs, if the adolescent's residency is to exceed fourteen (14) days;
(2) Restrictions and limitations on visitation with family members and others;
(3) Anticipated length of program participation.
(c) The licensee shall maintain the adolescent resident's needs and services plan in the adolescent resident's record.

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 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10618. Buildings and Grounds.

In addition to the requirements specified in Section 10581(a) through (f), the following requirements shall apply to facilities which provide services to adolescents:
(a) Only adolescent residents of the same sex shall share a bedroom.
(b) No adolescent resident shall be required to sleep in a room used for other activities.
(c) A recreation room shall be available for planned activities, relaxation, and recreation of adolescent residents exclusively.

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 3-18-97; operative 4-17-97 (Register 97, No. 12).

2. Change without regulatory effect amending first paragraph filed 6-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 25).




§10619. Discipline Policies and Procedures.

(a) The licensee shall develop and utilize written policies and procedures regarding the discipline of adolescent residents.
(1) The licensee's policies and procedures shall comply with the requirements of this regulation.
(2) Facility staff, adolescent residents, and the adolescent resident's authorized representatives shall receive copies of the licensee's policies and procedures regarding the discipline of adolescent residents.
(b) Acceptable forms of discipline may include:
(1) Restriction in an unlocked living or sleeping area;
(2) Prohibition against attendance at or participation in planned activities; and/or
(3) Prohibition against the use of entertainment devices, such as television, radios, cassette recorders, or compact disc players.
(c) At no time shall discipline violate the personal rights of the adolescent resident, as identified in Section 10569.
(d) Nothing in this part is intended to interfere with any system which assigns privileges in accordance with program advancement.

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 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10620. Removal/Discharge of Adolescents.

(a) The licensee shall develop and utilize written procedures regarding removal/discharge of adolescent residents from the facility.
(b) The licensee shall not remove or discharge an adolescent resident from the facility unless the licensee has obtained prior written approval from the adolescent's authorized representative for the removal/discharge.
(c) Nothing in this regulation shall be construed to prohibit an adolescent resident from being removed from the facility under emergency circumstances by an authorized person or agency. Examples of such circumstances include:
(1) Removal by law enforcement officers when an adolescent resident is arrested;
(2) Removal for the health and safety of the adolescent resident;
(3) Removal because the continued presence of the adolescent resident represents a threat to the health and safety of others within the facility.
(d) The licensee shall document in the adolescent resident's record and removal/discharge. Documentation shall include:
(1) The reasons for removal and/or discharge, and
(2) The name and address of the individual to whom the adolescent resident was released and the individual's relationship to the adolescent resident.

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. Amendment of subsection (a) filed 12-27-89 as an emergency; operative 1-1- 90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-1-90.

3. Amendment of subsection (a) refiled 4-30-90 as an emergency; operative 4-30- 90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90.

4. Certificate of Compliance as to 4-30-90 order including amendment of NOTE transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

5. 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).

6. Repealer of former subchapter 3, article 7 (sections 10620-10626) and section, and new section filed 3-18-97; operative 4-17-97 (Register 97, No. 12).




§10621. Personnel Records.

In addition to the requirements of Section 10565, the licensee shall develop and utilize a dated, monthly time schedule for facility staff and volunteers.
(a) The schedule shall clearly identify the individuals providing services and/or coverage and the days and hours to be worked.
(b) The schedule shall be posted in the facility where it is convenient for staff reference.
(c) The licensee shall keep the monthly time schedules on file for one year.

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).




§10622. Records of Adolescent Residents.

In addition to the information required in Section 10568, the licensee shall obtain and record the following in each adolescent resident's record:
(a) The name, address, and telephone number of the adolescent's authorized representative;
(b) A consent form, completed by the adolescent's authorized representative, permitting the facility to authorize medical care;
(c) An assessment of the adolescent's educational needs, if the term of residency exceeds fourteen (14) days; and
(d) A copy of the adolescent's needs and service plan.

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).




§10623. Mandatory Reports.

The licensee shall notify the adolescent resident's authorized representative if the adolescent resident:
(a) Is removed from or leaves the facility, or
(b) Is not enrolled in or regularly attending school.

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. Amendment of subsections (b) and (c) filed 12-27-89 as an emergency; operative 1-1-90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-1-90.

3. Amendment of subsections (b) and (c) refiled 4-30-90 as an emergency; operative 4-30-90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90.

4. Certificate of Compliance as to 4-30-90 order including amendment of NOTE transmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

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