Section 84300 - General Provisions(a) Group homes, as defined in Sections 80001(g)(1) and 84001(g)(3), which utilize or it is reasonably foreseeable that they will utilize, emergency interventions to prevent a child who exhibits assaultive behavior from injuring or endangering themself or others, shall be governed by the provisions of this Article in addition to Chapter 1, General Licensing Requirements and Chapter 5, Group Homes, which prohibit the use of restraint.(b) Group home staff may be justified/excused in using emergency interventions which include restraint if: (1) The restraint is reasonably applied to prevent a child exhibiting assaultive behavior from exposure to immediate injury or danger to themself or others; and(2) The force used does not exceed that reasonably necessary to avert the injury or danger; and(3) The danger of the force applied does not exceed the danger being averted; and(4) The duration of the restraint ceases as soon as the danger of harm has been averted.(c) The licensee must use a continuum of interventions, starting with the least restrictive intervention. More restrictive interventions may be justified when less restrictive techniques have been attempted and were not effective and the child continues to present an imminent danger for injuring or endangering themself or others.(d) An emergency intervention plan as specified in Section 84322, is required for all group homes, and must be submitted to, and approved by the Department prior to use by the group home. (1) The Department shall review and approve the emergency intervention plan as specified in Sections 84322 (l) and 84322(l)(1).(e) Each child has the right to a placement that utilizes trauma-informed and evidence-based de-escalation and intervention techniques, pursuant to Welfare and Institutions Code section 16001.9(a)(7).Cal. Code Regs. Tit. 22, § 84300
Note: Authority cited: Sections 1530 and 1530.91, Health and Safety Code. Reference: Sections 1501, 1502, 1522.41(c)(1)(I), 1531 and 1563(c)(4), Health and Safety Code; and Section 16001.9, Welfare and Institutions Code.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1522.41(c)(1)(I), 1531 and 1563(c)(4), Health and Safety Code.
1. New subchapter 3 (articles 1-6, sections 84300-84369), renumbering of former subchapter 2, article 8 to subchapter 3, article 1 (sections 84300-84300.1) and renumbering and amendment of former section 84800 to section 84300 filed 1-17-2002 as an emergency; operative 2-1-2002 (Register 2002, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-3-2002 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 3 (articles 1-6, sections 84300-84369), renumbering of former subchapter 2, article 8 to subchapter 3, article 1 (sections 84300-84300.1) and renumbering and amendment of former section 84800 to section 84300 repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 4).
3. Change without regulatory effect adopting new subchapter 3 (articles 1-6, sections 84300-84369), renumbering of former subchapter 2, article 8 to subchapter 3, article 1 (sections 84300-84300.1) and renumbering and amendment of former section 84800 to section 84300 filed 1-24-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 4).
4. Amendment of subsections (a), (b)(1) and (c), new subsection (e) and amendment of NOTE filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).