(a) (1) For purposes of this section, âbedriddenâ means requiring assistance in turning and repositioning in bed or being unable to independently transfer to and from bed, except in a facility with appropriate and sufficient care staff, mechanical devices, if necessary, and safety precautions, as determined by the director in regulations. (2) In developing the regulations for child residential facilities, the department shall take into consideration the size and weight of the child. (3) For purposes of this section, the status of being bedridden shall not include a temporary illness or recovery from surgery that persists for 14 days or less. (4) The determination of the bedridden status of persons with developmental disabilities shall be made by the Director of Social Services or their designated representative, in consultation with the Director of Developmental Services or their designated representative, after consulting the residentâs individual safety plan. The determination of the bedridden status of all other persons with disabilities who are not developmentally disabled shall be made by the Director of Social Services, or their designated representative. (b) A client shall not be admitted to or retained in a residential facility if the client requires 24-hour skilled nursing care, except for a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs or a Group Home for Children with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50). (c) A bedridden person may be admitted to, and remain in, a residential facility that secures and maintains an appropriate fire clearance. A fire clearance shall be issued to a facility in which one or more bedridden persons reside if either of the following conditions are met: (1) The fire safety requirements are met. Clients who are unable to independently transfer to and from bed, but who do not need assistance to turn or reposition in bed, shall be considered nonambulatory for purposes of this paragraph. (2) Alternative methods of protection are approved. (d) Notwithstanding paragraph (3) of subdivision (a), a bedridden client may be retained in a residential facility in excess of 14 days if all of the following requirements are satisfied: (1) The facility notifies the department in writing that the person is recovering from a temporary illness or surgery. (2) The facility submits to the department, with the notification required in paragraph (1), a physician and surgeonâs written statement to the effect that the clientâs illness or recovery is of a temporary nature. The statement shall contain an estimated date upon which the illness or recovery is expected to end or upon which the client is expected to no longer be confined to bed. (3) The department determines that the clientâs health and safety is adequately protected in the facility and that transfer to a higher level of care is not necessary. (4) This subdivision does not expand the scope of care and supervision of a residential facility. (e) Notwithstanding the length of stay of a bedridden client, every residential facility admitting or retaining a bedridden client shall, within 48 hours of the clientâs admission or retention in the facility, notify the fire authority having jurisdiction over the bedridden clientâs location of the estimated length of time the client will retain their bedridden status in the facility. (f) (1) The department and the Office of the State Fire Marshal, in consultation with the State Department of Developmental Services, shall each promulgate regulations that meet all of the following conditions: (A) Are consistent with this section. (B) Are applicable to facilities regulated under this chapter, consistent with the regulatory requirements of the California Building Standards Code for fire and life safety for the respective occupancy classifications into which the State Department of Social Servicesâ community care li
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.