Cal. Code Regs. tit. 17 § 56093

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 56093 - Abuse and Special Incident Reporting

(a) The family home provider shall report any occurrence or allegation of consumer abuse to the FHA and either the adult protective services agency or the local law enforcement agency pursuant to Welfare and Institutions Code Section 15630.

(1) In addition to (a), the family home provider shall also report any occurrence or allegation of neglect or exploitation to the FHA.

(b) The report in subsection (a) shall be:

(1) By telephone, FAX or electronic mail immediately, but in no case more than 24 hours after the occurrence; and

(2) Submitted in writing within 48 hours after the occurrence.

(c) Upon receipt of the report in subsection (b)(1), or upon the FHA's independent suspicion or knowledge of abuse, the FHA shall notify:

(1) The regional center pursuant to Title 17, California Code of Regulations, Section 54327(b);

(2) The consumer's authorized representative, if applicable;

(3) The applicable protective services agency or local law enforcement agency; and

(4) Any person designated in the consumer's IPP to receive information regarding any occurrence of consumer abuse or allegations of consumer abuse.

(d) The notification in subsection (c) shall be:

(1) By telephone, FAX or electronic mail immediately, but in no case later than the end of the FHA's business day; and

(2) Submitted in writing within 48 hours after the occurrence.

(e) The regional center, the FHA and the family home provider shall cooperate as requested by any agency which has the responsibility for investigating the occurrence.

(f) The Family home provider shall report to the FHA the following special incidents in which consumers are involved:

(1) Incidents as defined in Section 54327(b);

(2) Incidents which may result in criminal charges or legal action;

(3) Incidents which may result in the denial of a consumer's rights;

(4) Poisonings;

(5) Catastrophes;

(6) Emergency treatment;

(7) Fires or explosions; or

(8) Any other incident which appears to have a negative effect on the consumer's health, safety and well-being.

(g) The report in subsection (f) shall be:

(1) By telephone, FAX or electronic mail immediately, but in no case more than 24 hours after the incident; and

(2) Submitted in writing within 48 hours after the incident.

(h) Upon receipt of the report in subsection (g), or upon the FHA's independent suspicion or knowledge of a special incident, the FHA shall notify:

(1) The regional center pursuant to Title 17, California Code of Regulations, Section 54327(b);

(2) The consumer's authorized representative, if applicable;

(3) Any person designated in the consumer's IPP to receive such information.

(i) The report required by subsection (h) shall be:

(1) By telephone, FAX or electronic mail immediately, but in no case later than the end of the FHA's business day; and

(2) In writing within 48 hours after the incident.

Cal. Code Regs. Tit. 17, § 56093

1. New article 11 and section filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency language will be repealed by operation of law on the following day.
2. New article 11 and section refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-24-95 order, including amendment of subsection (a), new subsection (a)(1), amendment of subsections (c)(3) and (f), repealer of subsection (g), new subsections (g)-(h) and subsection relettering, redesignation of former subsections (g)(1)-(3) as (h)(1)-(3), and amendment of newly designated subsection (i), transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8)
4. Amendment of subsections (b)(1), (c)(1), (c)(4), (d)(1), (g)(1), (h)(1) and (i)(1) and amendment of NOTE filed 6-29-98 as an emergency; operative 6-29-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-27-98 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (b)(1), (c)(1), (d)(1), (g)(1), (h)(1) and (i)(1) and amendment of NOTE refiled 10-20-98 as an emergency; operative 10-27-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-20-98 order transmitted to OAL 12-31-98 and filed 2-17-99 (Register 99, No. 8).
7. Amendment filed 6-27-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to 6-27-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2001, No. 43).
9. Amendment filed 10-25-2001 as an emergency; operative 10-31-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-28-2002 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 10-25-2001 order, including amendment of subsections (c)(1), (f)(1) and (h)(1), transmitted to OAL 2-28-2002 and filed 4-10-2002 (Register 2002, No. 15).

Note: Authority cited: Section 4689.1, Welfare and Institutions Code. Reference: Section 4689.1, Welfare and Institutions Code.

1. New article 11 and section filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency language will be repealed by operation of law on the following day.
2. New article 11 and section refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-24-95 order, including amendment of subsection (a), new subsection (a)(1), amendment of subsections (c)(3) and (f), repealer of subsection (g), new subsections (g)-(h) and subsection relettering, redesignation of former subsections (g)(1)-(3) as (h)(1)-(3), and amendment of newly designated subsection (i), transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8)
4. Amendment of subsections (b)(1), (c)(1), (c)(4), (d)(1), (g)(1), (h)(1) and (i)(1) and amendment of Note filed 6-29-98 as an emergency; operative 6-29-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-27-98 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (b)(1), (c)(1), (d)(1), (g)(1), (h)(1) and (i)(1) and amendment of Note refiled 10-20-98 as an emergency; operative 10-27-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-20-98 order transmitted to OAL 12-31-98 and filed 2-17-99 (Register 99, No. 8).
7. Amendment filed 6-27-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to 6-27-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2001, No. 43).
9. Amendment filed 10-25-2001 as an emergency; operative 10-31-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-28-2002 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 10-25-2001 order, including amendment of subsections (c)(1), (f)(1) and (h)(1), transmitted to OAL 2-28-2002 and filed 4-10-2002 (Register 2002, No. 15).