Cal. Code Regs. tit. 17 § 56101

Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 56101 - Definitions
(a) The following definitions shall apply to the regulations set forth in this subchapter:
(1) "Consumer" means a person who has a disability which meets the definition of "developmental disability" as specified in Welfare and Institutions Code, Section 4512(d).
(2) "Consumer's Authorized Representative" means a person who meets any of the qualifications for an "authorized representative" as set forth in Welfare and Institutions Code Section 4701.6.
(3) "Facility Representative" means a person who is employed or designated by the ICF, ICF/DD, ICF/DD-H, ICF/DD-N or SNF to represent that facility.
(4) "Immediate Danger" means an immediate and serious threat having a high probability that serious harm or injury to the consumer's health and safety could occur at any time, or already has occurred and may occur again if the consumer(s) is not protected effectively from the harm or injury or the threat to the consumer's health and safety is not removed.
(5) "Intermediate Care Facility (ICF)" means an Intermediate Care Facility as defined in Health and Safety Code Section 1250(d).
(6) "Intermediate Care Facility/Developmentally Disabled (ICF/DD)" means an Intermediate Care Facility/Developmentally Disabled as defined in Health and Safety Code Section 1250(g).
(7) "Intermediate Care Facility/Developmentally Disabled/Habilitative (ICF/DD-H)" means an Intermediate Care Facility/Developmentally Disabled-Habilitative as defined in Health and Safety Code Section 1250(e).
(8) "Intermediate Care Facility/Developmentally Disabled/Nursing (ICF/DD-N)" means an Intermediate Care Facility/Developmentally Disabled-Nursing as defined in Health and Safety Code Section 1250(h).
(9) "Lacks hazard awareness and impulse control" means the consumer's planning team has determined that the consumer poses a risk of harm to himself or herself or others by wandering off or running away from the residence and requires an enhancement to supervision through the use of delayed egress devices and secured perimeters without which the consumer would require placement in a more restrictive, locked residential setting.
(10) "Lanterman Act Individual Program Plan (IPP)" means a written plan for consumer services developed by the consumer's planning team in accordance with the provisions of Welfare and Institutions Code Sections 4646 and 4646.5.
(11) "Planning team" refers to the planning team defined in subdivision (j) of Section 4512 of the Welfare and Institutions Code, which develops and reviews a consumer's IPP through the planning process described in Sections 4646 and 4646.5 of the Welfare and Institutions Code.
(12) "Regional Center" means a private nonprofit diagnostic, counseling and service coordination center for developmentally disabled persons and their families which is established and operated pursuant to Welfare and Institutions Code Sections 4620 through 4669.
(13) "Regional Center Representative" means a person who is employed or designated by the regional center to represent that agency.
(14) "Skilled Nursing Facility (SNF)" means a skilled facility as defined in Title 22, California Code of Regulations, Section 51121.

Cal. Code Regs. Tit. 17, § 56101

1. New section 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.
2. New section refiled 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-98 order, including amendment of section, transmitted to OAL 12-31-98 and filed 2-17-99 (Register 99, No. 8).
4. New subsections (a)(9) and (a)(11), subsection renumbering and amendment of NOTE filed 6-13-2013 as an emergency; operative 6-13-2013 (Register 2013, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-10-2013 or emergency language will be repealed by operation of law on the following day.
5. New subsections (a)(9) and (a)(11), subsection renumbering and amendment of NOTE refiled 11-21-2013 as an emergency; operative 12-11-2013 (Register 2013, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-11-2014 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-21-2013 order, including amendment of subsection (a)(9), transmitted to OAL 1-28-2014 and filed 3-12-2014; amendments effective 3-12-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 11).

Note: Authority cited: Section 11152, Government Code; Section 1267.75, Health and Safety Code; and Section 4405, Welfare and Institutions Code. Reference: Sections 4502 and 4742, Welfare and Institutions Code; Sections 1250 and 1267.5, Health and Safety Code; and Chapter 282, Statutes of 1997, Item 4300-101-0001, Provision 8.


1. New section 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.
2. New section refiled 10-26-98 as an emergency; operative 10-26-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-23-99 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-98 order, including amendment of section, transmitted to OAL 12-31-98 and filed 2-17-99 (Register 99, No. 8).
4. New subsections (a)(9) and (a)(11), subsection renumbering and amendment of Note filed 6-13-2013 as an emergency; operative 6-13-2013 (Register 2013, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-10-2013 or emergency language will be repealed by operation of law on the following day.
5. New subsections (a)(9) and (a)(11), subsection renumbering and amendment of Note refiled 11-21-2013 as an emergency; operative 12-11-2013 (Register 2013, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-11-2014 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-21-2013 order, including amendment of subsection (a)(9), transmitted to OAL 1-28-2014 and filed 3-12-2014; amendments effective 3-12-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 11).