Statutes, codes, and regulations
California Code Of Regulations
Title 17 - Public HealthDivision 2 - Health and Welfare Agency-Department of Developmental Services RegulationsChapter 3 - Community ServicesSubchapter 4 - Residential Services and Quality Assurance Regulations
Article 2 - General Requirements
Section 56004 - Facility Service Levels

Cal. Code Regs. tit. 17 § 56004

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Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 56004 - Facility Service Levels
(a) Service Level 1 through 4 facilities shall possess a valid Community Care Facility license issued by the Department of Social Services' Community Care Licensing Division pursuant to Health and Safety Code Sections 1500 et seq., and Title 22, California Code of Regulations, Division 6, Sections 80000 et seq.
(b) Service Level 1 through 4 facilities shall be vendorized by a regional center pursuant to the requirements of Title 17, California Code of Regulations, Chapter 3, Subchapter 2.
(c) Service Level 2, 3, and 4 facilities shall provide:
(1) Direct supervision and special services pursuant to Welfare and Institutions Code Sections 4681.1(b)(2) and (b)(3) as needed to provide services in accordance with, and to meet the requirements of, the approved program design pursuant to Section 56005 and the consumer's IPP objectives.
(2) A basic staffing level of no less than one direct care staff person at all times when consumers are under the supervision of facility staff. This basic staffing level shall be the total direct supervision and special services required of the facility up to a maximum number of consumers as follows:
(A) For Service Level 2, one direct care staff person for up to six consumers in the facility;
(B) For Service Levels 3, 4A, and 4B, one direct care staff person for up to three consumers in the facility;
(C) For Service Levels 4C, 4D, and 4E, one direct care staff person for up to two consumers in the facility;
(D) For Service Levels 4F, 4G, 4H, and 4I, one direct care staff person for the first consumer in the facility.
(d) In addition to the basic level of staffing described in subsection (c)(2)(A) through (D) above, facilities providing residential services to a greater number of consumers shall provide a cumulative number of additional weekly direct care staff hours for consumers based upon the facility's service level, as specified in the table below:

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(1) A facility with seven or more consumers shall provide the number of weekly direct care staff hours for each additional consumer as specified in the table above.
(e) A facility may include within the total number of additional direct care staff hours required pursuant to subsection (d) above, hours of program preparation functions which shall be counted as follows:
(1) Service Level 2 facilities: Up to 2 hours per consumer per week.
(2) Service Level 3 facilities: Up to 2 hours per consumer per week.
(3) Service Level 4A, 4B, 4C facilities: Up to 3 hours per consumer per week.
(4) Service Level 4D, 4E, 4F, 4G facilities: Up to 4 hours per consumer per week.
(5) Service Level 4H facilities: Up to 5 hours per consumer per week.
(6) Service Level 4I facilities: Up to 7 hours per consumer per week.

Program preparation function hours shall not be used as a basis for increasing a service level.

Staff schedules which were part of the facility's program design as approved by the regional center pursuant to Section 56005 prior to September 20, 1993 shall remain in effect.

(f) In addition to the above direct care staff hours requirements, Service Level 4 facilities shall provide a cumulative number of consultant hours consisting of no less than the number of hours indicated below during each consecutive six-month period after the effective date of these regulations based upon the number of consumers in the facility.

CONSULTANT HOURS BY SERVICE LEVEL

Service LevelNumber of Hours for Each Consumer
4A8
4B8
4C8
4D12
4E12
4F12
4G16
4H16
4I16

Cal. Code Regs. Tit. 17, § 56004

1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. Change without regulatory effect amending subsection (b) filed 1-18-91 pursuant to section 100, title 1, California Code of Regulations; operative 2-13-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 14).
3. Amendment of Table, new subsection (d) and subsection renumbering, and amendment of NOTE filed 11-4-91 as an emergency; operative 11-4-91 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 3-3-92 or emergency language will be repealed by operation of law on the following day.
4. Amendment of Table, new subsection (d) and subsection renumbering and amendment of NOTE refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 15). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-4-92 order transmitted to OAL 6-25-92 and filed 8-4-92 (Register 92, No. 32).
6. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.
7. Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No. 47).
8. Editorial correction of HISTORY 6 (Register 94, No. 47).
9. Editorial correction of subsection (c)(1) (Register 95, No. 18).
10. Change without regulatory effect amending NOTE filed 12-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 49).

Note: Authority cited: Sections 4681.1, 4748 and 4791(i), Welfare and Institutions Code; Chapter 722, Statutes of 1992, Section 147. Reference: Sections 4646, 4646.5, 4648, 4681.1, 4748, 4786 and 4791, Welfare and Institutions Code.

1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. Change without regulatory effect amending subsection (b) filed 1-18-91 pursuant to section 100, title 1, California Code of Regulations; operative 2-13-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 14).
3. Amendment of Table, new subsection (d) and subsection renumbering, and amendment of NOTE filed 11-4-91 as an emergency; operative 11-4-91 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 3-3-92 or emergency language will be repealed by operation of law on the following day.
4. Amendment of Table, new subsection (d) and subsection renumbering and amendment of NOTE re filed 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 15). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-4-92 order transmitted to OAL 6-25-92 and filed 8-4-92 (Register 92, No. 32).
6. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.
7. Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No. 47).
8. Editorial correction of History 6 (Register 94, No. 47).
9. Editorial correction of subsection (c)(1) (Register 95, No. 18).
10. Change without regulatory effect amending Note filed 12-2-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 49).