****Actually, I'm in agreement on this one. If Social Services wanted to put their restrictions on it, it's better off closed. They wanted to make it something it was not.
Ca DSS regulations are pretty good as regs go. If the allegations are true, then yes, DSS would require them to be something they are not- an appropriately run facility which provides the residents minimal rights.
Here are just a few of the regs certain BM facilities might have a problem with.
http://www.dss.cahwnet.gov/getinfo/pdf/gh1.PDFDefinitions:
(g) (1) "Group Home" means a facility which provides 24-hour care and supervision to children,
provides services specified in this chapter to a specific client group, and maintains a structured environment, with such services provided at least in part by staff employed by the licensee. The care and supervision provided by a group home shall be nonmedical except as permitted by Welfare and Institutions Code Section 17736(b). Since small family and foster family homes, by definition, care for six or fewer children only, any facility providing 24-hour care for seven or more children must be licensed as a group home.
(b) The licensee shall ensure that the child's authorized representative is notified no later than the next working day if the following circumstances have occurred without the authorized representative's participation:
(3) Each time the child has been placed in a manual restraint, to be reported as required in
Section 84805.
(A) California Code of Regulations, Title 9, Section 1901(v) states:
"'Physical restraint' means physically controlling a child's behavior. Physical control
includes restricting movement by positioning staff, restricting motion by holding, the application of mechanical devices and involuntary placement of a child in a seclusion room or any other room in which they are involuntarily isolated."
Must report:
(6) When the Incident Report is used to report the use of manual restraints, the report must
include the following:
(A) Date and time of other manual restraints involving the same child in the past 24
hours.
(B) A description of the child's behavior that required the use of manual restraints, and
description of the precipitating factors which led to the intervention.
(C) Description of what manual restraints were used, and how long the child was restrained.
(D) Description of what non-physical interventions were utilized prior to the restraint; explanation of why more restrictive interventions were necessary.
(E) Description of injuries sustained by the child or facility personnel. What type of medical treatment was sought and where was child taken. Explanation if medical treatment not sought for injuries.
More on restraint:
http://www.dss.cahwnet.gov/getinfo/pdf/gh4.PDF"(D) All orders for physical restraint shall become invalid two (2) hours after the restraint or seclusion is initiated for children ages 9 to 17, one (1) hour for children under age 9, and four (4) hours for any special education pupils ages 18 through 21 remaining in the facility
under continuing stay provisions. If continued physical restraint or seclusion is needed a new order shall be required.
ADMINISTRATOR QUALIFICATIONS AND DUTIES (Continued) 84064
(A) Have a master's degree in a behavioral science from an accredited college or university, plus a minimum of one year of employment as a social worker, as defined in Section 80001s.(4), in an agency serving children or in a group residential program for children.
(b) The licensee shall employ those administrative, child care, social work and support staff necessary to perform the assigned duties specified in applicable law and regulation.
84072 PERSONAL RIGHTS 84072
(a) In addition to Section 80072, the following shall apply.
(b) The licensee shall ensure that each child is accorded the following personal rights:
(1) To visit the facility with his/her relatives and/or authorized representative(s) prior to
admission.
(2) To file a complaint with the facility, as specified in Section 84072.2.
(3) To have the facility inform his/her authorized representative(s) of his/her progress at the facility.
(4) To have communications to the facility from his/her relatives and/or authorized representative(s) answered promptly and completely.
(5) To have visitors visit privately during waking hours without prior notice, provided that such visitations are not prohibited by the child's needs and services plan; do not infringe upon the rights of other children; do not disrupt planned activities; and are not prohibited by court order or by the child'' authorized representative(s).
(6) To wear his/her own clothes.
(7) To possess and use his/her own toilet articles.
(
To possess and use his/her own cash resources except as specified in Section 84026.
(9) To possess and use his/her own personal items unless prohibited as part of a discipline program.
(10) To have access to individual storage space for his/her private use.
(11) To have access to telephones in order to make and receive confidential calls, provided that
such calls are not prohibited by the child's needs and services plan; are not prohibited as a
form of discipline; do not infringe upon the rights of other children; do not restrict availability of the telephone during emergencies; and are not prohibited by court order or by the child's authorized representative(s).
(A) The licensee shall be permitted to require reimbursement from the child or his/her
authorized representative for long distance calls.
(B) The licensee shall be permitted to prohibit long distance calls upon documentation that requested reimbursement for previous long distance calls has not been received.
(C) Calls permitted to be prohibited as a form of discipline shall not include calls to the child's authorized representative or placement agency.
(12) To send and receive unopened correspondence unless prohibited by court order or by the child's authorized representative(s).
84072.2 COMPLAINT PROCEDURES 84072.2
(a) The licensee of a group home shall develop, maintain and implement written complaint procedures by which children or their authorized representatives are permitted to file complaints, without fear of retaliation, with the facility administrator regarding facility staff or operations.
84080 RESIDENT COUNCILS 84080
(a) Each facility, at the request of a majority of its residents, shall assist its residents in establishing and maintaining a resident-oriented facility council.
(2) The licensee shall document notice of meetings, meeting times, and recommendations from
council meetings.
(3) In order to permit a free exchange of ideas, at least part of each meeting shall be conducted
without the presence of any facility personnel.
(D) An application for a child 14 through 17 years of age not within the jurisdiction of the juvenile court shall be documented by a written consent to treatment signed by both parents or the admitting parent must submit a court order demonstrating that they have sole legal custody and control of the child and one of the following:
"Each patient shall also be given notification in a language or modality accessible to the patient of other constitutional and statutory rights which are found by the State Department of Mental Health to be frequently misunderstood, ignored, or denied. "The rights specified in this section may not be waived by the person's parent,
guardian, or conservator."
[ This Message was edited by: Deborah on 2003-09-20 08:51 ]