Cal. Code Regs. tit. 17 § 56094

Current through Register 2024 Notice Reg. No. 40, October 4, 2024
Section 56094 - Termination of Residency
(a) The consumer may terminate residency at any time with or without cause.
(1) The family home provider shall notify the FHA and the regional center when the consumer decides to terminate residency as specified in subsection (a).
(b) The notification required in subsection (a)(1) shall be:
(1) By telephone immediately; and
(2) In writing within 24 hours after the termination of residence.
(c) When the consumer's decision to terminate residency is unanticipated by the family home provider or the FHA or the consumer's decision to terminate residency is due to an emergency, the FHA shall provide or arrange for services pursuant to Section 56084(b)(4)(I).
(d) Upon notification as required by subsection (a)(1), the regional center shall convene the consumer's ID Team within a reasonable period of time not to exceed 5 working days following receipt of the notification required by subsection (b) to assess the consumer's residence in terms of subsection (h)(1) through (3).
(e) When a family home provider determines that the family home is unable to continue to meet the needs of the consumer as specified in the consumer's IPP, the family home provider shall notify the following, in writing, at least 30 days prior to the date of termination of residency:
(1) The consumer;
(2) The regional center;
(3) The FHA; and
(4) The consumer's authorized representative, if applicable.
(f) When an FHA determines that it is unable to continue to meet the needs of the consumer as specified in the consumer's IPP, the FHA shall notify the following, in writing, at least 30 days prior to the date of termination of residency:
(1) The consumer;
(2) The regional center;
(3) The family home provider; and
(4) The consumer's authorized representative, when applicable.
(g) When the regional center determines that the FHA or the family home provider is unable to continue to meet the needs of the consumer as specified in the consumer's IPP, the regional center shall notify the following, in writing, at least 30 days prior to the date of termination of residency:
(1) The consumer;
(2) The FHA;
(3) The family home provider; and
(4) The consumer's authorized representative, if applicable.
(h) Upon the determination in subsections (e), (f), or (g), the regional center shall convene the consumer's ID Team to assess:
(1) The need for additional or different services and supports in order for the consumer to remain in the family home; or
(2) If a move becomes necessary, the consumer's choices and needs for services and supports before, during and after the move to a new residence; and
(3) Any additional measures necessary to meet the consumer's health and safety needs until the move has been accomplished.
(i) A place of residence shall be selected by the regional center and the FHA within a reasonable period of time based upon concerns for the health and safety of the consumer.
(j) The FHA shall provide the services and supports necessary to enable the consumer to continue to reside in the family home until a new residence is selected pursuant to subsection (i).
(k) If a new residence is not available by the designated termination date, the regional center shall coordinate with the FHA to ensure that the services and supports necessary to enable the consumer to continue to reside in the family home are provided until a new residence is available.

Cal. Code Regs. Tit. 17, § 56094

1. New article 12 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 12 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 subsections (d) and (h)-(h)(2), new subsection (h)(3), amendment of subsection (i), repealer of subsections (i)(1)-(2) and new subsection (k), transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8).

Note: Authority cited: Section 4689.1, Welfare and Institutions Code; Chapter 1095, Statutes of 1994, Section 14. Reference: Section 4689.1, Welfare and Institutions Code.

1. New article 12 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 12 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 subsections (d) and (h)-(h)(2), new subsection (h)(3), amendment of subsection (i), repealer of subsections (i)(1)-(2) and new subsection (k), transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8).