Section 1935 - Good Cause for Denial of Rights(a) The rights delineated in Subsection (a) of Section 1934 may be denied only for good cause. Good cause for denying a child a right exists when the professional person in charge of a CTF or his designee has good reason to believe: (1) That the exercise of the specific right would be injurious to the child;(2) That there is evidence that the specific right, if exercised, would seriously infringe on the rights of others;(3) That the facility would suffer serious damage if the specific right is not denied; and(4) That there is no less restrictive way of protecting the interests specified in (1), (2), or (3).(b) The reason used to justify the denial of a right to a child must be related to the specific right denied. A right shall not be withheld or denied as a punitive measure, nor shall a right be considered a privilege to be earned.(c) Treatment modalities shall not include denial of any right specified in Section 1931. Waivers signed by the child, parent, conservator or person appointed by the court to manage the placement shall not be used as a basis for denying rights prescribed in Section 1931 in any treatment modality.Cal. Code Regs. Tit. 9, § 1935
1. New section filed 6-24-98; operative 7-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 26).
2. Governor Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020, which suspended certain provisions related the operation of treatment and rehabilitation facilities that could restrict staffing flexibility, due to the COVID-19 pandemic. Note: Authority cited: Section 4094, Welfare and Institutions Code. Reference: Sections 4094 et seq., Welfare and Institutions Code; and Section 1502, Health and Safety Code.
1. New section filed 6-24-98; operative 7-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 26).