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(8.9) What are the restrictions and time limitations for an IMD?

(8.9) What are the restrictions and time limitations for an IMD?

Before placing you in an IMD, the regional center must complete an assessment. The assessment must explain all community supports the regional center considered, including:[1]Section 4648(a)(9)(C)(iii)(I)

  • Rate adjustments,
  • Supplemental services,
  • Emergency and crisis intervention services,
  • Community crisis home (CCH), and
  • An explanation of why those services could not meet your needs

Before placing you in an IMD, the regional center director must confirm there are no community-based options that can meet your needs.[2]Section 4648(a)(9)(C)(iii)(II)

Once you are admitted to an IMD, the regional center should try to move you back to the community within 72 hours.[3]Section 4648(a)(9)(C)(v)(I) If you cannot move back into the community within 72 hours, the regional center must:

  • Complete paperwork to support a petition for commitment under Welfare and Institutions Code section 6500.[4]Section 4648(a)(9)(C)(v)(I)(ia)
  • Complete a comprehensive assessment that identifies services and supports you need for crisis stabilization and the timeline for developing services and supports for you to move back into the community.[5]Section 4648(a)(9)(C)(v)(I)(ib) Regional center must submit this to the court immediately. 
  • Hold an IPP meeting within 30 days of admission to determine services and supports you need for crisis stabilization and to develop a plan to transition you into the community.[6]Section 4648(a)(9)(C)(v)(I)(ib)

If you cannot move into the community within 90 days of admission, the regional center must hold an IPP meeting to discuss transition to the community and whether you still need crisis stabilization.[7]Section 4648(a)(9)(C)(v)(II)

You cannot stay in an IMD for more than 6 months unless, before the 6th month:[8]Section 4648(a)(9)(C)(v)(III)

  • The regional center has conducted another comprehensive assessment based on current information that shows you are still in an acute crisis, and[9]Section 4648(a)(9)(C)(v)(III)(ia)
  • The IPP team has developed a plan that identifies the specific services and supports you need to transition into the community, and the plan includes a timeline to get or develop those services and supports, and[10]Section 4648(a)(9)(C)(v)(III)(ib)
  • The committing court has reviewed and extended the commitment.[11]Section 4648(a)(9)(C)(v)(III)(ic)

You cannot stay in an IMD for longer than one year unless:

  • The regional center shows significant progress toward the plan to transition you into the community and
  • Extraordinary circumstances exist beyond the regional center’s control that have prevented them from getting those services and supports within the timeline in the plan.[12]Section 4648(a)(9)(C)(v)(IV)(ia)

If both of those apply, the regional center can ask the committing court for an extension past one year, not to exceed 30 more days.[13]Section 4648(a)(9)(C)(v)(IV)(ib)

References
1 Section 4648(a)(9)(C)(iii)(I)
2 Section 4648(a)(9)(C)(iii)(II)
3 Section 4648(a)(9)(C)(v)(I)
4 Section 4648(a)(9)(C)(v)(I)(ia)
5 Section 4648(a)(9)(C)(v)(I)(ib)
6 Section 4648(a)(9)(C)(v)(I)(ib)
7 Section 4648(a)(9)(C)(v)(II)
8 Section 4648(a)(9)(C)(v)(III)
9 Section 4648(a)(9)(C)(v)(III)(ia)
10 Section 4648(a)(9)(C)(v)(III)(ib)
11 Section 4648(a)(9)(C)(v)(III)(ic)
12 Section 4648(a)(9)(C)(v)(IV)(ia)
13 Section 4648(a)(9)(C)(v)(IV)(ib)