Print out the entire Chapter 7 from here.Please Note:
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Printed on: 06/25/2022
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This document is only current up to the day it was printed.
Printed on: 06/25/2022
Please always refer to the online version for the most current up-to-date information.
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Chapter 7: Community Living Arrangements for Adults
(7.1) How do I decide where to live?
Your preferences, choices, and wishes are the starting point for deciding where you will live. Deciding where you want to live is part of the planning process for your Individual Program Plan (IPP).
People with developmental disabilities live in a range of settings. These go from least restrictive (like independent living) to most restrictive (like large, locked facilities or hospitals). Other living arrangements in-between those include living with your parent or relative, with another family, or in a small group home. You do not have to move through each one before you are ready for a more integrated or less restrictive one. The goal of the Lanterman Act is for people with developmental disabilities to live like people of the same age without developmental disabilities.[[The Lanterman Act says that services and supports should be available to enable persons with developmental disabilities to approximate the pattern of everyday living available to people without disabilities of the same age. Section 4501. Persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution and laws and the Constitution and laws of the State of California, including the right to make choices in their own lives, including where and with whom they live. Section 4502(a) and (b)(10). Persons with developmental disabilities have a right to treatment and habilitation services and supports in the least restrictive environment necessary to accomplishing the purposes of those services, and services should foster the developmental potential of the person and be directed toward the achievement of the most independent, productive, and normal life possible. Section 4502(b).]] People without disabilities live in the homes and communities they choose, so people with developmental disabilities should also live that way. This chapter mostly talks about options to live in the community. It does not talk as much about living in very restrictive settings.
(7.2) If I want to live in my own home, do I have to prove that I can do it on my own?
To live on your own, in an apartment or house, you have the right to receive regional center services and supports to help you. The law says services and supports help people with developmental disabilities to live the same way people without disabilities live. The law does not say to give services only to people who need a little help to live independently. The Lanterman Act gives chances for adults, no matter the level of their developmental disability, to live in homes they own or rent. It says supports should be available as often and for as long as needed, when that is the goal of the IPP.[[Section 4689.]]
Everybody needs some help to live “independently.” We all depend on others, like family, friends, neighbors, gardeners, plumbers, and babysitters for some support. You may receive the support you need to live independently from family, friends, and paid caregivers.
(7.3) What kinds of regional center services can help me live independently in a home I own or rent?
The primary services regional centers give people to live independently are “independent living skills” training and “supported living services.”
Independent Living Skills
Independent living skills (called ILS for short) are the skills you need to live independently in your community. ILS programs can teach these skills, like cooking, housecleaning, personal care, and money management.[[Title 17 Cal. Code Regs. section 54302(a)(35).]] The regional center must provide ILS if it is in your IPP. ILS instructors help you get or keep skills to live independently in your own home, or to be more independent while living somewhere else.[[Section 4688.05.]] You may already have basic self-help skills but still need ILS in certain areas to remain independent. For example, you may need help paying your bills or planning your meals.
You can get ILS in your parents’ home, a relative’s home, a licensed facility, or your own apartment. You should get ILS until you learn the skills you need to live on your own. You can also use ILS to hire and supervise someone to help you with self-care or activities you cannot do yourself, that are not provided by other agencies.
Some regional centers say you can only get ILS for a certain amount of time. The law says you have the right to get ILS for as long as you need and can show you a benefit.[[In Williams v. Macomber, 226 Cal. App. 3d 225 (1990), the court found that “the Regional Center‘s reliance on a fixed policy is inconsistent with the Act‘s stated purpose of providing services sufficiently complete to meet the needs of each person with developmental disabilities‘ (Section 4501).” Therefore, regional center policies that place strict time limits on ILS services ignoring your individual needs are contrary to the Lanterman Act.]] You may need to have an assessment of your skill levels to prove you need these services.
Supported Living Services
Supported living services (called SLS for short) support people with developmental disabilities so they can live in their own home or apartment. SLS is not for people who want to live with their parents or conservators.[[Title 17 Cal. Code Regs. section 58613(a)(2)(B).]] But, you may be able to get SLS if your parent lives with you.
You should not be denied supported living solely because of the degree or kind of disability you have. You should receive the supportive services you need as often and for however long you need them so you can:
- Live in a house or apartment you own or rent,
- Make choices and build relationships in the community, and
- Live like people without disabilities, as much as possible.[[Section 4689.]]
Your services depend on your needs and preferences. Each SLS plan is different. SLS can be any services you need to live on your own. For example, you can use SLS to help you:
- Develop a “circle of support”;[[“Circle of Support” means an informal but identifiable and reliable group of people who meet and communicate as often as necessary to offer support to the consumer for whose benefit the circle exists. Title 17 Cal. Code Regs. section 58601(a)(1).]]
- Get training and support in social, behavioral, and daily living skills,
- Choose, hire, and train people to help you with personal care
- Learn new skills,
- Be involved in leisure, recreational, spiritual, or other activities in your local community,
- Manage, direct, and fire a personal attendant,
- Get medical care and other supports you need to be integrated in your community, and
- Develop employment goals.[[Section 4689(c).]]
The SLS you get may change as your needs change.
(7.4) How do I get ILS?
To get ILS from the regional center, follow these steps:
See Supplement H about how to request an IPP meeting.
You and your IPP team will talk about supports and services you need to develop your independent living skills. These agencies can help you plan your ILS:
- Your regional center.
- Department of Developmental Services (DDS) – Call (916) 654-2140 and ask to speak with someone who knows about ILS, or order a DDS publication.
- Disability Rights California.
(7.5) How do I get SLS?
To get SLS, you must be at least 18 years old and want to live in a house or apartment you own or rent.[[Title 17 Cal. Code Regs. section 58613(a).]] If you will be 18 soon, you can ask for an SLS assessment at an IPP meeting to start the process, so you can move when you become eligible for SLS.
Important! Everyone has the right to get SLS. It is against the law to deny SLS to someone because they might need many supports.[[Section 4689(a)(8) and Title 17 Cal. Code Regs. section 58613(b).]]
Just as you would do to get ILS, follow these steps to get SLS:
- Tell your IPP team you want SLS
- Ask for an IPP meeting
- Ask for a decision-maker who knows about SLS to be at the IPP meeting
See Supplement H on how to request an IPP meeting.
Some regional centers will ask you to go to an SLS orientation before the IPP meeting. This can help you understand more about SLS and how it is provided. Having to go to the orientation should not delay your IPP meeting for too long.
Once SLS is in your IPP, you need to choose an SLS provider. You have options:
- You may recommend a relative, friend, or SLS provider you know. Or coordinate the services yourself.
- You may ask the regional center for names of SLS agencies. You can interview them to decide which agency you prefer. See Supplement O for questions to ask an SLS agency when you interview them.
- If you give your permission, the regional center may send information about you to several SLS agencies to see which ones are able and interested in serving you. You can interview those agencies.
Once you choose an SLS provider, the regional center should arrange for you to have an SLS assessment. The SLS provider you choose will usually do the assessment. However, some regional centers will have someone else do the assessment. The IPP team will first complete a “standardized assessment questionnaire” when developing, reviewing, or modifying the IPP.[[Section 4689(p)(1).]] This is to make sure you receive the appropriate amount and type of supports. The questionnaire is on the DDS website here.
The SLS assessment can take time, as you and the assessor must get to know each other. The assessor will look at the services and supports you need and want to live in your own home and integrate into your community. They will do a comprehensive assessment to get to know you and to develop a plan.[[Section 4689(p)(2)]]
The SLS provider will coordinate the services and supports that you need to live in your own home. These are listed in your IPP and SLS plan, including services from generic agencies or natural supports. The provider does not need a special license to provide SLS. The provider may be a supported living agency or a family member or friend.[[17 Cal. Code Regs. section 58616.]] You may coordinate the services yourself.
Once the SLS plan is complete, you may need another IPP meeting. If the SLS plan is approved, the SLS agency can help you find a place to live, find roommates if you need or want them, and hire personal support people. It can take up to six months from the time you first ask for SLS until you move into your home.
The regional center will look at how good your services are and how well they work – whether the provider is your family, friends, or an SLS agency.[[Section 4689(e).]]
(7.6) How is SLS paid for?
In a supported living arrangement, you must use your SSI or other income to pay your rent or mortgage, food, electricity, telephone, other utilities, and entertainment expenses.[[Section 4689(h) & (i).]] The regional center pays an SLS provider for the services and supports you want and need to live in your own home. But, before the regional center agrees to purchase any particular supported living service, your planning team will see if you can use “natural supports” (friends or family) and generic agencies.[[Section 4689(f).]] An example of a generic agency support is the county In-Home Supportive Services (IHSS) program which pays for people to provide you with care at home.[[See Disability Rights California‘s manual on IHSS, “IHSS Fair Hearing and Self-Assessment Packet.” It is available at our website at: www.disabilityrightsca.org/PUBS/501301.htm.]]
You will have more expenses when you are first moving into your own home. You (or your family or friends) have to pay the move-in expenses, including security deposits, furniture, and household items. But, if you cannot afford your move-in or ongoing expenses and it will save the state money, your regional center can pay moving fees, rental or utility deposits, furniture, or ongoing rent or utility costs.[[Title 17 Cal. Code Regs. section 58611(b).]] For this, the regional center executive director must state in writing that: (1) payment is needed to meet your unique and specific care needs as described in an IPP, and (2) your confirmed medical, behavioral, or psychiatric condition presents a health and safety risk to you or another person.[[Section 4689(i)(1)(A).]]
The regional center cannot pay your rent, mortgage, lease, or household expenses for over six months, unless it finds that doing so is necessary to meet your needs in your IPP. The regional center will review your need each quarter. Also, the regional center executive director must say each year in an IPP addendum you meet the two conditions for the exception.[[Section 4689(i)(1)(C).]]
Agencies and other resources that can help you plan your SLS services include:
- Your regional center – Some regional centers have SLS coordinators.
- Department of Developmental Services (DDS) – Call (916) 654-2140 and ask to speak with someone who knows about supported living services, or order a DDS supported living publication.
- Disability Rights California – Ask for publications on Supported Living Services.
- Connections for Information and Resources on Community Living (CIRCL) – This is a network of people with many years of experience with supported living. CIRCL helps people think about, start, and improve supported living services. Contact CIRCL at (626) 447-5477 or (530) 644-6653. Online see allenshea.com.
- California Supported Living Network (CSLN) – CSLN is a network of people and providers in California who advocate for quality supported living services. Contact CSLN at www.ccln.org or at (415) 505-5975.
(7.7) Are there any limits on how much can be spent on SLS?
There is no legal limit to the cost of your SLS services. But, the law says all services and supports regional centers buy must be “cost-effective.”[[Sections 4512(b), 4646(a), 4651(a), and 4685(c)(3).]] Regional centers must purchase services from the least costly provider of services that meets your needs.[[Section 4648(a)(6)(D).]]
Cost-effective is defined as “obtaining the optimum results for the expenditure.”[[Title 17 Cal. Code Regs. section 58501(a)(6).]] The goal of the Lanterman Act is to help people with developmental disabilities to live like people without disabilities. Most adults without developmental disabilities live independently. So, money spent on SLS meets the highest priority and gets the greatest results intended by the Lanterman Act.
Cost-effective services still must meet your needs. When selecting the “least costly provider,” you and the regional center must consider providers whose services are of similar quality and who can meet your needs.[[Section 4648(a)(6)(D). ]] The cost of your SLS must not be more than the cost of one year’s services and supports in a suitable licensed residential facility.[[Title 17 Cal. Code Regs. section 58617.]] This limit is called the “cost-cap.” Each regional center uses it differently, but they cannot stop you from receiving SLS because of a “cost-cap.”
The regional center and your IPP team may look at cost in deciding on a provider or a method of reaching a goal. But, cost cannot be the only consideration.[[Section 4512(b).]] The regional center and your IPP team must also consider quality of services and your preferences. No one can make you accept the cheapest service if it will not meet your needs. But, if a cheaper vendor can help you achieve your goal, you may have to use that vendor.
If your regional center wants to change to your SLS, it must either:
- hold an IPP meeting and reach agreement with you about the change, or
- give you a written notice with reasons for the proposed change and how you can appeal.[[Section 4689(p)(3).]]
(7.8) What is the difference between ILS and SLS?
ILS is mostly training you to learn and improve the skills you need to live on your own. You may also get ILS to stay independent if you live on your own. You can get ILS in any setting, even if you live at home with your family or in a licensed facility while you prepare to move out.
SLS usually includes more direct services. SLS is for people who need more than training to be independent. You can only get SLS if you live on your own in a home you own or rent.
Some regional centers do not distinguish between ILS and SLS and may provide similar services under each category. Ask to see your regional center’s purchase of service (POS) policy to learn how your regional center describes and provides these services.
(7.9) What are Adult Family Home Agencies?
Adult Family Home Agencies (AFHA) are private, not-for-profit agencies. Regional centers contract with AFHAs to develop homes for adults who want to live with a family.[[Section 4689.1.]] After being trained, and with continued help from the AFHA, a family can take in one or two adults with developmental disabilities to live with them as part of their family.[[Section 4689.1(b).]]
The regional center will decide the need for AFHA services based on:
- Whether there are enough AFHAs providing services;
- Whether the AFHA will meet an unmet need in your IPP; and
- Whether there may be a future need for AFHA services within the regional center’s service area.[[Title 17 Cal. Code Regs. section 56077(a).]]
The purpose of the AFHA model is to provide a cost-effective living option for adults. This option allows adults to enter into partnerships with families as fully participating family members. The regional center contracts with the AFHA to recruit and train families, certify family homes, match people and families, give ongoing support to families, and monitor family homes.[[Title 17 Cal. Code Regs. section 56076(e)(6).]]
AFHAs are not licensed, but regional centers and DDS monitor their quality.[[Title 17 Cal. Code Regs. section 56095(g).]] Regional center staff visit the family home at least four times a year and evaluate the AFHA once a year. Sometimes, DDS evaluates how well the AFHAs and the regional centers are performing.
If you live in an AFHA home, you will usually have the same chores and responsibilities as other family members. You can have supervision for non-medical self-care and daily living skills, if you need it. You will get the support and services you need from the family, AFHA, and the regional center.
(7.10) What is a Family Teaching Home?
A Family Teaching Home is another living arrangement for adults.[[Section 4689.1(c).]] It differs from an AFHA in two ways:
- The family and the person(s) with a disability do not share the same private home. The teaching family lives in a home attached or near the home of the person(s). It is usually a duplex owned, leased, or rented by the AFHA.
- The Family Teaching Home is designed to support up to three adults with any developmental disability, who do not need continuous skilled nursing care.
(7.11) What is a Family Home?
A Family Home is a home owned or rented by a family who also lives in the home. That family provides services and supports to no more than two adults with any degree of developmental disability, as long as they do not need continuous skilled nursing care.[[Section 4689.1(b).]]
(7.12) Do group living situations other than family homes have to be licensed by the state?
Most people with developmental disabilities who live outside their families’ homes live in group homes or facilities. There are three different group settings:
- Homes with up to 6 people with developmental disabilities,
- Small facilities with 7-15 people with developmental disabilities, and
- Large facilities with 16 or more people with developmental disabilities.
Depending on their size and whether they provide certain health care services, facilities like these are licensed by either:
- The state Department of Health Care Services (DHCS) - called Intermediate Care Facilities (ICFs) or
- The state Department of Social Services (DSS) - called Community Care Facilities (CCFs).
(7.13) What are Intermediate Care Facilities (ICFs)?
ICFs are facilities where people with developmental disabilities live and receive the health care services, life skills training, and vocational training they need.[[For definitions of different kinds of ICFs, see Health & Safety Code section1250(e)(g)&(h).]] Because they provide some nursing and medical care on site, ICFs are licensed by the Department of Health Care Services.
There are four different ICFs for people with Developmental Disabilities:
- ICF/DD[[Health & Safety Code Section 1250(g); Title 22 Cal. Code Regs. section 51343.]]
- ICF/DD-Habilitation[[Health & Safety Code Section 1250(e); Title 22 Cal. Code Regs. section 51343.1.]]
- ICF/DD-Nursing[[Health & Safety Code Section 1250(h); Title 22 Cal. Code Regs. section 51343.2.]]
- ICF/DD-Continuous Nursing Care[[Welfare & Institutions Code section 14495.10.]]
Most ICFs are small, with six or fewer residents. But, ICFs can be larger, sometimes with hundreds of residents.
We only discuss ICF/DD-Habilitation, ICF/DD-Nursing, and ICF/DD-Continuous Nursing Care homes. Larger ICF/DD homes are not considered community living options because they are often large, congregate settings.
ICF/DD-Habilitation homes are mostly small homes for six people, but they can have up to 15 people. They provide 24-hour personal care, habilitation, developmental, and supportive health services. These homes are for people who need some nursing services, but do not need constant nursing care. Residents have also been certified by a physician and surgeon as not needing continuous skilled nursing care.[[Health & Safety Code Section 1250(e); Title 17 Cal. Code Regs. section 54302(a)(42); Title 22 Cal. Code Regs. section 51343.1.]]
ICF/DD-Nursing homes are mostly small homes for six people, but they can have up to 15 people. They provide 24-hour personal care, habilitation, developmental, and supportive health services. These homes are for people who need more nursing services than people in an ICF/DD-Habilitation. Residents of these homes need 24-hour nursing supervision, but their conditions are stable, and they do not require 24-hour nursing care. These homes serve people who require medical attention, or with a serious developmental delay that may lead to a developmental disability if not treated.[[Health & Safety Code Section 1250(h); Title 17 Cal. Code Regs. section 54302(a)(43); Title 22 Cal. Code Regs. section 51343.2.]]
ICF/DD-Continuous Nursing homes are rare. Only 10 homes are allowed by law for California. They serve up to six residents. They provide skilled nursing care 24 hours per day, 7 days per week from (or supervised by) a registered nurse. These homes are funded 100% with federal Medicaid funds.[[Welf. & Inst. Code § 14495.10. For more information on DD-CNCs, see California Department of Health Care Services website, http://www.dhcs.ca.gov/services/medi-cal/Pages/ICFDDCN_MC_Waiver.aspx.]]
(7.14) What is the Alternative Residential Model (ARM)?
A system called the Alternative Residential Model (ARM) numbers CCFs by the level of care they provide. The system looks at staffing ratios, amount of consultant services, and the needs of residents. It ranks each CCF as ARM Level 2, 3, or 4. ARM Level 2 has the lowest staffing ratio, which means people who live there need less supports and services. Residents at ARM Level 4 CCFs need more supports and services. Often, ARM Level 4 CCFs serve people with challenging behaviors. Level 4 is also broken down into nine sub-levels, A to I. Level 4I homes provide the highest level of services and supports in the ARM system.
You have the right to make choices about where you live and who lives with you. You can stay in your ARM Level facility, even if your needs change. But, if your IPP team decides you need less supports and services than your facility’s ARM Level pays for each resident, regional center can pay the facility less money for you to live there.[[Section 4681.7(a).]] The law only allows the lower amount when your IPP team agrees your ARM facility can safely provide what you and the people you live with need. If you later need more supports and services, the regional center must change the services to meet your needs.[[Section 4681.7(b).]]
Regional centers must also provide the emergency and crisis intervention services you need to stay in the home of your choice.[[Section 4648(a)(10).]] The law also allows the regional center to purchase extra staff for your ARM facility.[[Section 4648(a)(9)(F).]]
(7.15) Are there group homes besides homes in the ARM system?
Some regional centers have small, specialized CCFs. The regional centers run them at “negotiated” rates. This means the regional center and vendor agree on the rate, based on what they provide. These CCFs usually have 1-4 people with complex needs. They are not part of the ARM Level system.
These specialized homes serve people with unique mental health and behavioral needs that cannot be met by other community living options. They usually provide 24-hour on-site specialized staff and professional services to meet specific needs of residents. Often, these homes can respond to on-site crises to meet needs and promote maximum dignity and independence.
(7.16) Are there other homes for people with behavioral needs or who are in crisis?
Yes, two types of group homes were created around the state when people began moving out of developmental centers: The Enhanced Behavioral Supports Home (EBSH) and the Community Crisis Home (CCH). Both are certified by the Department of Developmental Services and licensed by the State Department of Social Services. Regional centers oversee the EBSHs and CCHs in their own service area.
Enhanced Behavioral Supports Homes (EBSHs) are adult residential facilities or children’s group homes. They provide 24-hour non-medical care to people with challenging behaviors who need extra supports, staffing, and supervision in a home-like setting. Each home is unique and offers more behavioral services and supports than other community-based homes. Each consumer must have their own private bedroom.[[Section 4684.80 and 17 CCR 59050-59072]] Click here for information from the DDS website.
Community Crisis Homes (CCHs) are residential facilities that provide 24-hour non-medical care to people who need crisis intervention services. CCHs serve people at risk of placement in an institutional setting (acute crisis center, state-operated facility, out-of-state placement, general acute hospital, or institution for mental disease). CCHs provide intensive services and supports to immediately address a person’s urgent needs. They work on stabilization and individual goals so people can transition to a long-term placement quickly and safely.[[Section 4698 and 17 CCR 59000-59022]] CCHs can have up to 8 consumers, but most have fewer than 6. Click here for information from the DDS website.
(7.17) Can people living in Community Care Facilities receive any health care services?
People who live in CCFs can receive limited medical services only from the staff, including:
- Care of colostomy and ileostomy bags,
- Care of urinary catheters, and
- Gastrostomy feeding and care.[[Health & Safety Code Section 1507(b).]]
To receive limited medical services from CCF staff, you must have an individualized health care plan that includes your primary care physician, nurse practitioner, or other health care professional.[[Health & Safety Code Section 1507(c)(1)(A).]] The health care plan must be reviewed at least every 12 months.[[Health & Safety Code Section 1507(c)(1)(B).]] The plan must identify the health care professional who will train facility staff to provide the limited medical services.[[Health & Safety Code Section 1507(c)(1)(C).]] The regional center, or other placing agency, will evaluate, monitor, and oversee the medical services provided in the facility by facility staff.[[Health & Safety Code Section 1507(c)(1)(E).]]
(7.18) If I have complex health care needs, are there places in the community I could live, other than a skilled nursing home?
An “Adult Residential Facility for Persons with Special Healthcare Needs,” or “SB 962 Home,”[[Section 4684.50 and Health & Safety Code sections 1538.55 and 1567.50. “SB” just means Senate Bill.]] is a home designed to meet the unique needs of people with developmental disabilities with a combination of specialized health care and intensive support needs.
Each SB 962 home serves up to five people. A resident of an SB 962 home can receive specialized health services, including:
- nutritional support (total parenteral nutrition, gastrostomy feeding, and hydration),
- kidney dialysis, and
- special medication regimes, such as injections, intravenous medications, management of insulin dependent diabetes, catheterization, indwelling urinary catheter management, pain management, and palliative care.[[Section 4684.50(g)(1)-(14).]]
All SB 962 homes must have:
- Licensed nurses on staff 24 hours a day, seven days a week.[[Section 4684.63(a)(1)(A).]]
- An Individual Health Care Plan developed for each resident.[[Section 4684.68.]] The plan must be updated at least once every six months.[[Section 4684.68(a)(12).]]
- Face-to-face visits with the resident by a regional center nurse at least once a month.[[Section 4684.70(d).]]
- Examinations by the resident’s primary care physician once every 60 days, or more often if required.[[Section 4684.63(a)(2).]]
Priority for SB 962 placements was given to people living in state developmental centers. But, the law allows a person not residing in a developmental center to move to an SB 962 home if:
(1) there is a vacancy,
(2) no developmental center resident meets the requirements for admission, and
(3) the placement is necessary to protect the person‘s health or safety.[[Section 4684.65(b)(3)]]
(7.19) What if the living arrangement I want is not available?
Sometimes the living arrangement you and your planning team have agreed on is not available. This could be because (1) there is no space at the home or facility, (2) there is no one available to provide the supported living services you need, or (3) there is no adult family home available where you want to live.
If the living arrangement in your IPP is not available, regional center staff should develop the living arrangement you want. But, this may take time. You may need to move to a different living option or to a home or facility away from your home community for a time. If this happens to you, the law says you can ask your regional center to:
- Find people or agencies to provide the services you need. This process is called a “request for proposal” (RFP).[[Section 4648(e)(1).]] If the supports and services you need are unique, the RFP may say the regional center can make a special funding agreement.
- Hire a vendor to provide the services you need. If a payment rate has not been made by DDS for the service, the regional center may negotiate a contract for the service you need for a period of time.[[Section 4648(a)(3).]]
- Provide supplemental services, including more staff beyond the service provider’s current contract, if your IPP team decides the additional services are in keeping with your IPP. More staff could help you live successfully in an available home even if that is not the home you would normally reside in.[[Section 4648(a)(9)(F).]]
You should not have to go to an institution just because there is no community living arrangement available.
(7.20) Are there rules in licensed homes?
All licensed community living arrangements, including CCFs and ICFs, have “house rules.” The house rules explain what you can and cannot do. The house must explain the rules to you when you arrive or start the program. You can give them your opinion on the house rules, since it is your own home you’ll be living in. They must post the rules in a place you can see them and write the rules in a language you understand.
You have the right to make decisions about daily activities. This includes when you go to bed, when you will eat, if you have friends visit, and what you do in your free time. House rules should help people in the house get along with each other, but they cannot be too rigid. They must not violate any of your rights. If you believe your living facility has an illegal rule, call Disability Rights California.
(7.21) What are my rights?
No matter where you live, the laws give people with developmental disabilities personal rights. You have the right to:
- services in the least restrictive environment and which protect personal liberty;
- dignity, privacy, and humane care;
- participate in public education;
- prompt medical care;
- religious freedom;
- social interaction and participation in the community;
- physical exercise and recreation;
- be free from harm, unnecessary restraint, isolation, abuse, neglect, hazardous procedures, and excessive medication;
- make choices about where and with whom to live and about relationships and how to spend one’s time;
- prompt investigation of any abuse;
- wear one’s own clothes and have their own possessions and money;
- access private storage space;
- see visitors every day;
- access telephones to make and receive calls and to send and receive unopened letters;
- refuse behavior modification techniques that cause pain or trauma;
- advocacy services;
- freedom from discrimination;
- question treatment decisions; and
- file complaints[[Sections 4502, 4502.1 and 4503; Title 17 Cal. Code Regs. sections 50510 and 50540.]]