Section 86022 - [Operative 7/1/2024] Plan of Operation(a) Each licensee shall have and maintain on file a current, written, definitive Plan of Operation.(b) The plan and related materials shall contain the following:(1) A comprehensive program statement including:(A) Goals, purpose, and program methods of the THPP.(B) Description of the youth to be served.(C) Admission criteria for THPP participants, as specified in Welfare and Institutions Code Section 16522.1(a).(D) Staff training plan shall include the following:1. Training new employees.4. Qualifications of the trainer.(E) Detailed plan for monitoring the THPP participants.(F) Procedures for responding to complaints and emergencies on a 24-hour basis.(G) Contract to be used between the THPP and the THPP participant. The contract shall include: 1. The rights of each party; and2. Responsibilities of each party.(H) The procedures for determining the amount of allowance provided to each THPP participant, and the schedule for disbursement.(I) Procedures for payment or monitoring of utilities, telephone, and rent including the consequences for those participants who are unwilling or unable to meet their financial obligations or whose behavior is disruptive to the program and infringes on the rights of other participants in the program.(J) Program policies, as specified in Welfare and Institutions Code Section 16522.1(h).(K) Description of proposed THPP participant living unit furnishings, and policy regarding disposition of furnishings when the THPP participant completes the program.(L) Procedures for evaluating the THPP participant's progress.(M) Description of linkages with Job Training Partnership Act programs.(2) A copy of the admission agreement.(3) Administrative organization.(4) Staffing plan, qualifications and duties.(5) Complete job descriptions of all THPP employees, including number of staff, classification, qualifications and duties, information regarding lines of authority and staff responsibilities.(6) Procedures for the development, review, implementation and modification of the needs and services plan for participants placed in the THPP.(7) Separate rules and program design for youth who are in the foster care system and for youth who are no longer in the foster care system, but who are participating in the THPP.(8) The THPP's policies and procedures concerning when and how to involve law enforcement in response to an incident at a THPP living unit, and how these policies and procedures will be communicated to staff, participants, and to participants' authorized representative(s).(A) Nothing in Section 86022(a)(8) shall be interpreted to require a licensee to take any action that would endanger, or to prevent a licensee from taking any action that would protect, the health and safety of either participants or staff.(B) The policies and procedures must include, and not be inconsistent with, the rights of youth in foster care to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person, or as a last resort after other diversion and de-escalation techniques have been utilized; and to not have law enforcement intervention used as a threat or in retaliation, as specified in section 86172(b)(14)(A) and (B).(9) The street address and mailing address, if different, for the administrative office and sub-administrative office; street address for the THPP staff residential unit(s) if applicable; and the THPP participant living units.(10) A sketch of the building(s) to be occupied, including a floor plan which describes the capacities of the buildings for the uses intended, room dimensions, and a designation of the rooms to be used for nonambulatory participants, if any.(11) A sketch of the grounds showing buildings, driveways, fences, storage areas, pools, gardens, recreation areas and other space used by the participants. (A) The sketch shall include the dimensions of all areas which will be used by the participants.(12) The licensee shall provide the licensing agency the business telephone number and the 24-hour emergency telephone number of the THPP licensee or designee.(13) Transportation arrangements for participants who do not have independent arrangements.(14) A statement whether or not the licensee will handle the participants' money, personal property, and/or valuables. If money, personal property, and/or valuables will be handled, the method for safeguarding shall ensure compliance with Sections 86025 and 86026.(15) Consultant and community resources to be utilized by the facility as part of its program.(16) A statement of the facility's policy concerning family visits and other communications with the participant pursuant to Health and Safety Code section 1512 and consistent with Section 86172(b)(7) and (10).(c) If the licensee intends to admit and/or specialize in care for one or more participants who have a propensity for behaviors that result in harm to self or others, the facility plan of operation shall include a description of precautions that will be taken to protect that participant and all other participants.(d) Any changes in the plan of operation which affect the services to participants shall be subject to licensing agency approval and shall be reported as specified in Section 86161.(e) The facility shall operate in accordance with the terms specified in the Plan of Operation and may be cited for not doing so.Cal. Code Regs. Tit. 22, § 86022
Note: Authority cited: Sections 1530, 1530.91, 1531.15 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1507, 1512, 1520, 1528, 1531, 1531.1, 1531.15 and 1559.110, Health and Safety Code; and Sections 11401, 16001.9 and 16522.1, Welfare and Institutions Code.
Note: Authority cited: Sections 1530, 1531.15 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1507, 1512, 1520, 1528, 1531, 1531.1, 1531.15 and 1559.110, Health and Safety Code; and Sections 11401 and 16522.1, Welfare and Institutions Code.
1. New section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 ( Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 ( Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order, including amendment of subsection (a)(4)(I), new subsection (a)(6) and amendment of Note, transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. Amendment of subsection (a) and new subsections (a)(7)-(a)(7)(A) filed 8-28-2017; operative 10/1/2017 (Register 2017, No. 35).
5. Change without regulatory effect amending section and Note filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
6. New subsection (b)(8)(B), amendment of subsection (b)(16) and amendment of NOTE filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).