Cal. Code Regs. tit. 17 § 56088

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Current through Register 2024 Notice Reg. No. 40, October 4, 2024

Section 56088 - Certificate of Approval

(a) The FHA shall issue a Certificate of Approval to each family home which has:

(1) Completed the criminal record review required by Section 56085(a);

(2) Been visited by the FHA as required by Section 56087(a); and

(3) Met the criteria specified in Section 56087(a)(6) and (7).

(b) The Certificate of Approval shall include, but not be limited to:

(1) The name, address and telephone number of the FHA;

(2) The name, address, location and telephone number of the family home provider;

(3) The number of consumers for which the family home has been approved;

(4) Any limitations of the home, including ambulatory status of consumers to be served;

(5) The date of issuance of the certificate;

(6) The date of expiration of the certificate which shall not exceed one year from the date of issuance;

(7) A statement that the family home shall be used exclusively as a residence by the FHA which issued the Certificate of Approval;

(8) A statement which shall include, but not be limited to, the following information:

(A) The relationship between the consumer and the family home is voluntary and may be terminated by any party to the agreement at any time subject to the requirements of Section 56094.

(B) The Department and the regional center shall enforce applicable provisions of law and regulation, investigate allegations of abuse or neglect, and impose sanctions on FHAs, including the following:

1. Requiring movement of a consumer from a family home; and/or

2. Requiring termination of the approval of a family home; and/or

3. Requiring termination of the FHA's vendorization.

(C) The Department and the regional center shall monitor services and supports provided by the family home in accordance with Welfare and Institutions Code Section 4648.1(a) and (b) as necessary to implement the consumer's IPP.

(9) The date and signature of the FHA's administrator.

(c) The Certificate of Approval shall be maintained as follows:

(1) The original shall be maintained on the premises of the family home; and

(2) A copy of the original shall be maintained by the FHA.

(d) Within 10 working days of the issuance of a Certificate of Approval pursuant to subsection (a), the FHA shall send written notice to the regional center of the family home provider's name, address, telephone number and location.

(e) A Certificate of Approval shall not be transferable and shall be void upon a change of location of the family home.

(f) The family home provider shall immediately notify the regional center and the FHA of a change in the location of a family home.

(1) Verbal notification shall be put in writing within 5 working days.

(g) The family home provider shall notify the regional center and the FHA in writing at least 30 days prior to a non-emergency change in the location of a family home.

(h) The FHA shall conduct a site visit to the new location of the family home within 5 working days of notification as required by subsections (f) and (g) for the purpose of:

(1) Approving the new location; and

(2) Issuing a new Certificate of Approval.

(i) When the FHA does not approve the new location pursuant to subsection (h)(1), the FHA shall notify the family home and the regional center in writing of the FHA's decision not to approve the family home.

(1) The notification required by subsection (i) shall occur within a reasonable period of time not to exceed 5 working days following the site visit required by subsection (h).

Cal. Code Regs. Tit. 17, § 56088

1. New 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 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 (a)(3), (b), (b)(8) and (b)(8)(B)1.-2., new subsection (g) and subsection relettering, and amendment of newly designated subsections (h), (i) and (i)(1), 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.