(a) The Committee's determination to deny an individual's admission shall be confirmed by the developmental center's executive director. If the executive director agrees that the individual cannot be safely served, then the executive director or designee shall prepare a detailed report that explains the basis for making the not-safe-to-serve determination, identifies the additional services or supports the person requires that are unavailable in the developmental center, explains why these services or supports cannot be provided within the developmental center, and includes recommended placement alternatives from the regional center, if known. The executive director or designee shall file its report with the court in which the Penal Code section 1370.1 or Welfare and Institutions Code section 6500 et seq. proceeding is pending, and shall simultaneously serve the report on the district attorney, the individual's defense attorney, regional center clients' rights advocate, and applicable regional center. The executive director or designee shall file and serve the report with the court within 15 days of the Committee's determination to deny the person's admission.(b) If the developmental center's executive director disagrees with the Committee's determination that the individual cannot be safely served, then the executive director shall authorize the admission of the person. The executive director or designee shall notify the court, district attorney, defense attorney, regional center clients' rights advocate, and regional center within 7 days of the executive director's decision to admit the person. The developmental center shall admit the person in accordance with its existing policies and procedures relating to admissions.Cal. Code Regs. Tit. 17, § 51104
1. New section filed 5-23-2018; operative 7-1-2018 (Register 2018, No. 21). Note: Authority cited: Sections 4441 and 4449, Welfare and Institutions Code. Reference: Section 1370.1, Penal Code; and Sections 4418.7, 6500, 6506, 6509, 6510.5 and 7505, Welfare and Institutions Code.
1. New section filed 5-23-2018; operative 7/1/2018 (Register 2018, No. 21).