Section 85100 - General Provisions(a) In addition to Chapters 1 and 6, the licensee of an Adult Residential Facility is governed by the provisions of this subchapter when a licensee utilizes or reasonably foresees that he or she will utilize a manual restraint or seclusion.(b) When a client's behavior presents an imminent danger of serious injury to self or others, the licensee shall use a continuum of interventions starting with the least restrictive intervention. More restrictive interventions may be used only when less restrictive interventions are determined to be ineffective.(c) Adult Residential Facility staff may use manual restraint or seclusion with a client only if: (1) The force used does not exceed that which is necessary to avert the injury or danger being threatened;(2) The risk of injury caused by the force applied does not exceed the risk of injury being averted;(3) The manual restraint or seclusion is used when a client's behavior presents an imminent danger of serious injury to self or others;(4) The duration of a manual restraint or seclusion ceases as soon as the risk of imminent danger of serious injury to self or others from the client's behavior has ceased; and(5) The manual restraint or seclusion is not otherwise prohibited by statute or regulation.Cal. Code Regs. Tit. 22, § 85100
1. New chapter 6.1 (articles 1, 3, 4, 6, 7 and 10; sections 85100-85190), article 1 (sections 85100-85101) and section filed 9-18-2017 as an emergency; operative 9-18-2017 (Register 2017, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-18-2017 order transmitted to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3. Change without regulatory effect renumbering former section 85100 to section 85300, renumbering former chapter 6.1, subchapter 1 to new chapter 6, subchapter 1, and renumbering section 85300 to section 85100 filed 1-2-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 1). Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1180.4, 1501, 1502, 1531 and 1562.3(c)(1)(I), Health and Safety Code.
1. New chapter 6.1 (articles 1, 3, 4, 6, 7 and 10; sections 85100-85190), article 1 (sections 85100-85101) and section filed 9-18-2017 as an emergency; operative 9-18-2017 (Register 2017, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-18-2017 order transmitted to OAL 1-29-2018 and filed 3-13-2018 (Register 2018, No. 11).
3. Change without regulatory effect renumbering former section 85100 to section 85300, renumbering former chapter 6.1, subchapter 1 to new chapter 6, subchapter 1, and renumbering section 85300 to section 85100 filed 1-2-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 1).