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HomeMy WebLinkAbout13 O.C. SOBER LIVING 02-04-02AGENDA REPORT NO. 13 02-.04-02 240-40 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ORANGE COUNTY SOBER LIVING ADULT ALCOHOL AND DRUG SOBER LIVING FACILITIES VOLUNTARY CERTIFICATION AND MONITORING PROGRAM SUMMARY: Adoption of Resolution No. 02-07 would allow the City of Tustin to participate in the Orange County Sober Living Adult Alcohol and Drug Sober Living Facilities Voluntary Certification and Monitoring Program. To date, these facilities have operated in Orange County without a method of ensuring the provision of quality environments for recovery ensuring and community safety. RECOMMENDATION: That the City Council adopt Resolution No. 02-07. BACKGROUND AND DISCUSSION: In 2000, the Orange County Board of Supervisors directed the Orange County Sheriff's Department to form a committee that included the Probation Department, District Attorney, Public Defender, Health Care Agency, State Parole Board, the Courts, representatives of Orange County cities, the League of Cities, and the City Managers' Association. The Sober Living Coalition and the Orange County Addiction Treatment Provider Association later added representatives to the committee, and the Board of Supervisors designated a community representative. The purpose of this committee was to develop a process for certifying and monitoring adult residential drug and alcohol sober living facilities and providing quality environments for recovery and community safety. As a result of this collaborative effort, in December 2001, the Orange County Board of Supervisors adopted Ordinance No. 01-017, amending Division 6, Article 1 of Title V, Sections 5-6-1 to 5-6-4 authorizing voluntary certification of sober living facilities, and Resolution No. 01-421, approving and adopting the Orange County Adult Alcohol and Drug Sober Living Facilities Certification Guidelines. The Certification Guidelines establish a County-wide voluntary program for the certification and monitoring of adult sober living facilities and require any sober living facility wishing to be certified to meet the standards contained in the Guidelines. City Council Report Sober Living Facility February 4, 2002 Page 2 County implementation and enforcement of the program will begin immediately. However, it will take time to process the numerous applications for certification that are anticipated. Accordingly, the Certification Guidelines provide for a phase-in period until October 1, 2002, during which time the Sheriffs Department will receive and process applications in the order complete applications are submitted. The County has agreed that at the conclusion of the nine-month phase-in period, the County will no longer refer any residents to uncertified sober living facilities. To allow for uniform administration and program enforcement, each participating City must adopt an enabling resolution similar to the attached resolution, which adopts the County standards by reference and authorizes the County to oversee the program within Tustin. Prior to certification, each facility will be required to obtain a City inspection and a written determination that the facility complies with a list of requirements including: compliance with applicable zoning regulations, possession of required permits, conformances with fire safety standards, building and grounds requirements, and occupancy limitations. The City of Tustin has the right to charge a reasonable fee for each inspection completed, and the results of each inspection will be forwarded to the Certification Coordinator, a Sheriffs Department Lieutenant. The Certification Coordinator will review these inspections and other relevant information in making the determination to grant or deny Certification to each sober living home. If a complaint is received concerning the cleanliness, safety, or failure to comply with applicable city ordinances of a sober living home, the Certification Coordinator will request Tustin staff to complete a re-inspection to determine the validity of the complaint and any corrective action necessary. The results of this and any subsequent inspections will be forwarded to the Certification Coordinator for appropriate action. The Certification Coordinator will be responsible for the administration of the program and any administrative actions when dealing with the sober living facility. FISCAL IMPACT: Fees for inspection can be covered under the City's existing Fee Schedule. Director of Community Development A'I-I'ACHMENTS: Resolution No. 02-07 and Orange County Adult Alcohol and Drug Sober Living Facilities Certification Guidelines 9 I0 II 12 13 ~4 15 16 17 18 19 21 22 23 24 25 26 28 29 RESOLUTION NO. 02-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE ORANGE COUNTY ADULT ALCOHOL AND DRUG SOBER LIVING FACILITIES CERTIFICATION GUIDELINES AND DIRECTING STAFF TO PERFORM CERTAIN DUTIES AS SET FORTH IN THE GUIDELINES WHEREAS, in 2000, the Orange County Board of Supervisors directed the Orange County Sheriff-Coroner Department to form a committee that included: the Orange County Probation Department, the District Attorney, the Public Defender, the Orange County Health Care Agency, the State Parole Board, the Courts, representatives of Orange County cities, and a wide spectrum of community providers to develop a process for certifying and monitoring adult drug and alcohol sober living facilities throughout the County of Orange; and WHEREAS, the Sober Living Coalition and the Orange County Addiction Treatment Provider Association later added representatives to the committee, and a community representative was designated by the Board of Supervisors in August 2001; and WHEREAS, as a result of this collaborative effort, the Orange County Board of Supervisors adopted the Orange County Adult Alcohol and Drug Sober Living Facilities Certification Guidelines ("the Guidelines") by Resolution No. 01- 421 on December 11, 2001, and amended Division 6, Article 1 of Title V, Sections 5-6-1 to 5-6-4 authorizing voluntary certification of sober living facilities by Ordinance No. 01-017 ("the Amended Ordinance"), on December 18, 2001; and WHEREAS, the Amended Ordinance and the Guidelines will promote the welfare of City and County residents by establishing a voluntary Countywide program enabling the County to monitor sober living facilities to which County personnel refer persons recovering from alcohol or drug abuse or addition; and WHEREAS, the sober living facilities covered by the Amended Ordinance and Guidelines are facilities that are not licensed by the State and which offer alcohol and drug- free residences for unrelated adults who are recovering from alcohol or drug additions, but that do not offer drug or alcohol treatment services on site; and WHEREAS, the Guidelines provide that reviews of sober living facilities' compliance with Section 200 of the Guidelines, which relates to zoning compliance and to basic safety, privacy and sanitary features of facilities' physical plants, 8 I0 II 12 13 14 15 I- 19 20 21 22 23 2..1 25 27 28 29 Resolution No. 02-07 Page 2 furnishings and fixtures, shall be completed by the jurisdictions in which the facilities are located except when a jurisdiction is unable or unwilling to complete such reviews in a timely manner; and WHEREAS, it is appropriate that City personnel complete such reviews for sober living facilities located within the City of Tustin that apply for certification. NOW, THEREFORE, the City Council of the City of Tustin does hereby resolve as follows: Section 1. The Orange County Adult Alcohol and Drug Sober Living Facilities Certification Guidelines, attached hereto as Exhibit "A," are hereby approved and adopted. Section 2. The appropriate City personnel are hereby directed to perform timely Section 200 reviews, in accordance with the Orange County Adult Alcohol and Drug Sober Living Facilities Certification Guidelines, at the request of sober living facilities located within the city limits. Section 3. The City Council hereby directs Community Development or Police Department staff, as appropriate, when requested by the Orange County Sheriff/Certification Coordinator, to perform additional inspections of sober living facilities located within the city limits, for the purposes of monitoring, investigating complaints, and verifying correction of deficiencies, as provided in the Guidelines. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 4~ day of February, 2002. JEFFERY M. THOMAS Mayor PAMELA STOKER City Clerk Resolution No. 02-07 Attachment A Orange County Adult Alcohol and Drug Sober Living Facilities Certification Guidelines ORANGE COUNTY ADULT ALCOHOL AND DRUG SOBER LIVING FACILITIES CERTIFICATION GUIDELINES CHAPTER 1: ARTICLE 1: Section 100 Section 101 Section 102 ARTICLE 2: Section 103 Section 104 ARTICLE 3: Section 105 Section 106 Section 107 CHAPTER 2: ARTICLE 1: Section 108 Section 109 Section 110 ARTICLE 2: Section 111 Section 112 Section 113 Section 114 Section 115 Section 116 TABLE OF CONTENTS PAGE NO. INTRODUCTORY PROVISIONS ....................................................... 1 HISTORY AND PURPOSES OF CERTIFICATION PROGRAM ......... 1 Historical Perspective ............................................................................... 1 Purpose ...................................................................................................... 1 Reserved .................................................................................................... 2 DEFINITIONS .......................................................................................... 2 Definitions ................................................................................................. 2 Reserved .................................................................................................... 5 AUTHORITY FOR AND EFFECT OF CERTIFICATION .................... 5 Voluntary Certification ............................................................................. 5 Effect of Certification ............................................................................... 5 Reserved .................................................................................................... 6 OBTAINING CERTIFICATION .......................................................... 6 ELIGIBLE APPLICANTS ....................................................................... 6 Type of Facilities Eligible for Certification .............................................. 6 Who May Apply for Certification? ........................................................... 6 Reserved .................................................................................................... 6 APPLICATION PROCESS ...................................................................... 6 How to Obtain Application and Information ............................................ 6 Documentation to Be Submitted with Application ................................... 7 Certification Coordinator Review of Application ..................................... 9 Withdrawal of Application ..................................................................... 10 Pending Certification .............................................................................. 10 Reserved .................................................................................................. 11 /6069.1 AMENDED ADRFC Guidelines 6057 11-13-01 Clean w CoCo correcuons 11.28 and 30.01 ARTICLE 3: Section 117 Section 118 Section 119 Section 120 ARTICLE 4: Section 121 Section 122 ARTICLE 5: Section 123 Section 124 Section 125 ARTICLE 6: Section 126 Section 127 CHAPTER 3: ARTICLE 1: Section 128 Section'129 ARTICLE 2: Section 130 Section 131 CHAPTER 4: ARTICLE I: Section 132 TABLE OF CONTENTS PAGE NO. CERTIFICATE OF COMPLIANCE/ PERIOD OF CERTIFICATION ............................................................. 11 Requirement to Post Certificate of Compliance ..................................... 11 Period of Certification ............................................................................ 11 Automatic Termination of Certification during One-Year Certification Period ................................................................................. 11 Reserved .................................................................................................. 12 RENEWAL OF CERTIFICATION ........................................................ 12 Renewal of Certification ......................................................................... 12 Reserved .................................................................................................. 12 DENIAL OF CERTIFICATION ............................................................ 12 Grounds for Denial of Certification ........................................................ 12 Facility Notice and Advisement of Right to Reconsideration ................ 13 Reserved .................................................................................................. 13 RECONSIDERATION ........................................................................... 13 Procedure for Reconsideration ................................................................ 13 Reserved .................................................................................................. 14 GENERAL CERTIF! CATION REQUIREMENTS ......................... 14 GEN EIC,~.L R. EQUIREMENTS .............................................................. 14 General Requirements ............................................................................. 14 Reserved .................................................................................................. 14 CONTRACTUAL REQUIREMENTS ................................................... 14 Greater or Conflicting Contract Requirements ....................................... 14 Reserved .................................................................................................. 14 STAFF REQUIREMENTS .................................................................. 14 STAFF APPLICATION DATA ............................................................. 14 Staff Information to Be Provided with Application ................................ 14 ii. /6069.1 AMENDED ADRFC Guidelines 6057 11-13-01 Clean w CoCo correcuon5 11.28 and 30 01 Section 133 Section 134 Section 135 Section 136 ARTICLE 2: Section 137 Section 138 Section 139 Section 140 Section 141 Section 142 Section 143 Section 144 ARTICLE 3: Section 145 Section 146 Section 147 Section 148 ARTICLE 4: Section 149 Section 150 Section 151 Section 152 CHAPTERS: ARTICLE 1: Section 153 Section 154 ARTICLE 2: TABLE OF CONTENTS PAGE NO. Staff Required to Submil to Background Check .................................... 15 Falsifying Information ............................................................................ 15 County Authority to Conduct Staff Background Check ......................... 16 Reserved .................................................................................................. 16 STAFF QUALIFICATIONS AND DUTIES .........................................16 Prior Employment History of improper Conduct ................................... 16 Paid Staff- Qualifications ...................................................................... 17 Director-Duties and Qualifications ......................................................... 17 House Manager-Duties and Qualifications ............................................. 18 Peer Coordinator -Duties and Qualifications .......................................................................................... 19 Subsequent Criminal Activity or Convictions of Disqualifying Offenses ................................................... 20 Reserved .................................................................................................. 21 Reserved .................................................................................................. 21 NEW STAFF DURING CERTIFICATION PERIOD ........................... 21 Qualifications of Staff Added After Certification .................................. 21 Replacement of Director and House Manager ........................................ 21 Appointment of Acting Director or House Manager .............................. 21 Reserved .................................................................................................. 22 DENIAL OF CERTIFICATION DUE TO STAFF ................................ 22 Denial of Certification Due to Lack of Staff Qualifications ................... 22 Staff Notice and Advisement of Right to Reconsideration .................... 22 Staff Procedure for Reconsideration ....................................................... 23 Reserved .................................................................................................. 23 ADMISSION AND INTAKE REQUIREMENTS ............................. 23 ADMISSION .......................................................................................... 23 Resident Selection Criteria ....... : ............................................................. 23 Reserved .................................................................................................. 24 INTAKE .................................................................................................. 25 111. .~6069.1 AMENDED ADRFC Guidelines 6057 1 i-I 3-01 Clean w CoCo corrcctmns 11.28 and 30.01 Section 155 Section 156 CHAPTER 6: ARTICLE 1: Section 157 Section 158 Section 159 ARTICLE 2: Section 160 Section 161 Section 162 Section 163 Section 164 .M~TICI.E 3: Section 165 Section 166 Section 167 Section 168 Section 169 ARTICLE 4: Section 170 Section 171 Section 172 Section 173 Section 174 Section 175 ARTICLE 5: Section 176 Section 177 Section 178 'FABLE OF CONTENTS PAGE NO. Intake Procedures .................................................................................... 25 Reserved .................................................................................................. 25 PROGRAM REQUIREMENTS ......................................................... 25 POLICIES AND PROCEDURES MANUAL ........................................ 25 Policy and Procedures Manual ............................................................... 25 Contents of Policy and Procedures Manual ............................................ 26 Reserved .................................................................................................. 27 RESIDENTS' ACTIVITIES ................................................................... 28 Staff Presence and Availability ............................................................... 28 Criminal Activity. ................................................................................... 28 Residents' Court Orders and Treatment Plans ........................................ 28 Participation in RecoveD' Activities ....................................................... 28 Reserved .................................................................................................. 28 ALCOHOL/DRUGS/SMOKING ......................................................... 29 Drug and Alcohol Testing/Relapse Policies .......................................... 29 Prohibition against Alcohol and Non-Prescribed Drugs ......................... 29 Prescription Drug Policy. ........................................................................ 29 Smoking Policy. ...................................................................................... 30 Reserved .................................................................................................. 30 REPORTS ............................................................................................... 30 Accurate Progress Reports ...................................................................... 30 False Reports ........................................................................................... 30 Approval of Progress Reports ................................................................. 30 Notification of Resident"s Departure ...................................................... 30 Reports to Certification Coordinator ...................................................... 30 Reserved .................................................................................................. 31 INTERACTION OF RESIDENTS ......................................................... 32 Single Gender Facilities .......................................................................... 32 Co-ed Facilities ....................................................................................... 32 Reserved .................................................................................................. 32 iv. 16069. I AMENDED ADRFC Guidchnes 6057 11-13-01 Clean u CoCo corrections I I 28 and 30.01 ARTICLE 6: Section 179 Section 180 Section 181 ARTICLE 7: Section 182 Section 183 Section 184 Section 185 Section 186 ARTICLE 8: Section 187 Section 188 Section 189 Section 190 Section 191 ARTICLE 9: Section 192 Section 193 Section 194 ARTICLE 10: Section 195 Section 196 ARTICLE 11: Section 197 Section 198 Section 199 TABLE OF CONTENTS PAGE NO. VISITORS .............................................................................................. 33 Access to Facility by Unauthorized Persons ........................................... 33 Visitation Policy. .................................................................................... 33 Reserved .................................................................................................. 33 LEAVING THE FACILITY ................................................................... 33 Resident Sign In/Out Log and Schedule ................................................. 33 Master Log for Multiple Facilities .......................................................... 34 Curfew. ................................................................................................... 34 Overnight Passes ..................................................................................... 34 Reserved .................................................................................................. 35 FEES ....................................................................................................... 35 Fee Schedule ........................................................................................... 35 Delinquent Payments and Payment Plans ............................................... 35 Advance Payment of Fees and Repayment of Fees ................................ 35 Receipt for Fees ...................................................................................... 35 Reserved .................................................................................................. 35 RESIDENTS' FLq'4DS ........................................................................... 36 Co-mingling Funds ................................................................................. 36 General Assistance .................................................................................. 36 Reserved .................................................................................................. 36 FOOD SERVICE .................................................................................... 36 Food Service ........................................................................................... 36 Reserved .................................................................................................. 36 RESIDENTS' FILES .............................................................................. 36 Maintenance of Residents' Files ............................................................. 36 Contents of Individual Residents' Files .................................................. 37 Reserved .................................................................................................. 38 i6069.1 AMENDED ADRFC Guidelines 6057 I 1-13-01 Cie}tn w CoCo correcttons! 1.28 and 30.01 CHAPTER 7: ARTICLE 1: Section 200 Section 201 CHAPTER 8: ARTICLE 1: Section 202 Section 203 ARTICLE 2: Section 204 Section 205 Section 206 CHAPTER 9: ARTICLE 1: Section 207 Section 208 Section 209 Section 210 ARTICI.E 2: Section 211 Section 212 Section 213 Section 214 Section 215 Section 216 TABLE OF CONTENTS PAGE NO. BUILDING AND GROUNDS REQUIREMENTS ............................ 38 SECTION 200 REVIEW ........................................................................ 38 Compliance with Codes, Permits and Other Requirements Related to Buildings and Grounds ....................................................................... 38 Reserved .................................................................................................. 41 GOOD NEIGHBOR POLICY ............................................................. 41 POLICY .................................................................................................. 41 Good Neighbor Policy. ........................................................................... 41 Reserved .................................................................................................. 41 POLICY CONTENTS ............................................................................ 41 Neighborhood Complaints ...................................................................... 41 Reserved .................................................................................................. 42 Reserved .................................................................................................. 42 MONITORING AND REVIEW OF FACILITIES ........................... 42 MONITORING ....................................................................................... 42 Monitoring Certified Facilities ............................................................... 42 Notice of Deficiency ............................................................................... 43 Contract Monitoring ............................................................................... 43 Reserved .................................................................................................. 43 INVESTIGATION OF COMPLAINTS ................................................. 43 Complaint Defined .................................................................................. 43 Complaints Regarding Criminal Activity ............................................... 43 Complaints Regarding Certification Guidelines ..................................... 44 Notice of Deficiency ............................................................................... 44 Emergency .............................................................................................. 45 Reserved .................................................................................................. 45 vi. /6069.1 AMENDED ADRFC Gmdehnes 6057 I 1-13-01 Clean x~. CoCo corrections 11.28 and 30.01 ARTICLE 3: Section 217 Section 218 Section 219 Section 220 ARTICLE 4: Section 221 Section 222 Section 223 Section 224 Section 225 Section 226 Section 227 CHAPTER 10: ARTICLE 1: Section 228 Section 229 Section 230 ARTICLE 2: Section 231 Section 232 Section 233 Section 234 Section 235 Section 236 TABLE OF CONTENTS PAGE NO. CORRECTIVE ACTION PLANS .......................................................... 45 Deficiency. .............................................................................................. 45 Corrective Action Plan ............................................................................ 45 Follow-up Review to Verify Correction of Deficiency .......................... 46 Reserved .................................................................................................. 46 SANCTIONS .......................................................................................... 46 Sanctions Defined ................................................................................... 46 Purposes of Sanctions ............................................................................. 47 Types of Sanctions .................................................................................. 47 Right to Appeal Sanctions ...................................................................... 48 Failure to Correct Deficiencies for which Sanctions Imposed ............... 48 Notice to Interested Pat'ties ..................................................................... 48 Reserved .................................................................................................. 48 APPEAL AND HEARING ................................................................... 48 RIGHT TO APPEAL DENIAL OF CERTIFICATION OR IMPOSITION OF SANCTIONS ............................................................ 48 Facility Right To Appeal ........................................................................ 48 Staff Right To Appeal ............................................................................. 49 Reserved .................................................................................................. 49 CERTIFICATION APPEALS BOARD ................................................. 49 Certification Appeals Board ................................................................... 49 Board Membership ................................................................................. 49 Duties of the Certification Appeals Board .............................................. 50 Filing Appeals ......................................................................................... 50 Procedures for Hearing Before the Certification Appeals Board ...........50 Reserved .................................................................................................. 51 vii. /6069.1 AMENDED ADRFC Omdelines 6057 I 1-13-01 Clean w CoCo corrections 11.28 and 30.01 ORANGE COUNTY ADULT ALCOHOL AND DRUG SOBER LIVING FACILITIES CERTIFICATION GUIDELINES CHAPTER 1: INTRODUCTORY PROVISIONS ARTICLE 1: HISTORY AND PURPOSES OF CERTIFICATION PROGRAM Section 100 Historical Perspective The County of Orange recognizes the desirability of "home" type facilities designed for and dedicated to providing drug and alcohol free environments to individuals with alcohol and drug addictions. 'Fo date, certain of these facilities have operated in Orange County without a method of ensuring that these facilities provide quality environments for recovery or provide for community safety. In 2000, the Orange County Board of Supervisors directed the Orange County Sheriff's Department to form a committee that included the Probation Department, District Attorney, Public Defender, Health Care Agency, State Parole Board, the Courts, representatives of Orange County cities, and a wide spectrum of community providers. The Sober Living Coalition and the Orange County Addiction Treatment Provider Association later added representatives to the committee, and a community representative was designated by the Board of Supervisors. The purpose of this committee was to develop a process for certifying and monitoring adult residential drug and alcohol sober living facilities. In 2001, by ordinance and resolution, the Board of Supervisors approved the Orange County Adult Alcohol and Drug Sober Living Facilities Certification Program (hereafter "Certification Program"). The standards and procedures for the Certification Program axe contained in this document, entitled "Orange County Adult Alcohol and Drug Sober Living Facilities Certification Program Guidelines" (hereafter "the Certification Guidelines"), and in Article 1 of Division 6 of Title V (Sections 5-6-1 et seq.) of the Orange County Codified Ordinances. Section 101 Purpose The sole purpose of the Certification Program are to provide access to quality residential facilities for persons in need of drug- and alcohol-free recovery environments, and to promote public safety. /60fi0 1 AMFNIDED ADRFC Guidelines 6057 I I-I 3-01 Clean w CoCo corrections 11.28 and 30 01 Section 102 Reserved ARTICLE 2: DEFINITIONS Section 103 Definitions The following general definitions apply to terminology used in the Certification Guidelines, except where specifically noted otherwise: 1. ADULT - A person who is 18 years of age or older or a minor who has been emancipated pursuant to former Part 2.7 (commencing with former section 60), Division 1 of the Civil Code or Part 6 (commencing with section 7000), Division 11 of the Family Code. 2. CERTIFICATE OF COMPLIANCE - A certificate that is issued by the Orange County Sheriff-Coroner Department to a sober living facility that has applied for certification under the Certification Guidelines and has met the requirements set forth in the Certification Guidelines. The Certificate of Compliance is valid for one year from the issue date. 3. CERTIFICATION APPEALS BOARD - The body having the administrative responsibility, for conducting hearings on all appeals of denial of certification or sanctions imposed by the Certification Coordinator. 4. CERTIFICATION COORDINATOR - A. lieutenant with the Orange County Sheriff-Coroner Department who is responsible for the overall management and coordination of the Certification Program. 5. CERTIFICATION GUIDELINES -This document, entitled "Orange County Adult Alcohol and Drug Sober Living Facilities Certification Program Guidelines". 6. CERTIFICATION PROGIL4M -The Orange County Adult Alcohol and Drug Sober Living Facilities Certification Program, adopted by the Orange County Board of Supervisors in December 2001 and administered by the Orange County Sheriff- Coroner. The standards and procedures for the Certification Program are set forth in Article I of Division 6 of Title V (Section 5o6-1 et seq.) of the Orange County Codified Ordinances and in the Certification Guidelines. 7. CERTIFIED FACILITY - A sober living facility that has been issued a Certificate of Compliance that currently is valid. 8. COUNSELOR CER-I'IFYING ORGANIZATION - A statewide or national professional organization offering counselor certifications in the field of drug or alcohol addiction to eligible individuals. The organization must have standardized qualifications for certification, including education and/or employment requirements. /6069.1 AMENDED ADRFC Guidelines 6057 I 1-13-01 Clean w CoCo corrections 11.28 and 30.01 Counselor certifying organizations include, but are not limited to, the California Association of Alcohol and Drug Counselors (CADAAC) and organizations providing certification as a Certified Addiction Specialist (CAS). Local community college, certification programs are also accepted counselor certifying organizations. 9. CONVICTION - A final judgment or a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere. 10. COUNTY REFERRAL - A person directed to a sober living facility by the Probation Department, the Orange County Health Care Agency or another agency of the County of Orange for continued recover,:' from drug or alcohol addiction. The person being referred still may be under the supervision of the Orange County Superior Court or the Probation Department. This may include a person referred to a facility prior to adjudication of his/her criminal case. 11. COURT REFERRAL - An)' person directed to a sober living facility by the Orange County Superior Court. This may include a person referred to a facility prior to adjudication of his/her criminal case. 12. D.A.D.P. - State of California, Department of Alcohol and Drug Programs. This is the State agency responsible for licensing of residential recover, treatment facilities. D.A.D.P. does not license sober living facilities. 13. DAY - A calendar day unless otherwise specified. 14. DIRECTOR AND HEAD OF ADMINISTRATIVE STAFF - Also referred to as "Director." The manager of a sober living facility who is responsible for the supervision of all residents and of all staff emplo)'ed by, or volunteering tbr, the facility, and for approving all progress reports about residents' recover)' that are provided to courts, county or city agencies, or other providers of recovery services, lte/she is responsible for overall management of the facility. 15. FACILITY - Depending on context, a sober living facility or the person or entity that operates a sober living facility. 16. HOUSE MANAGER - A person who resides at a sober living facility, or any of multiple persons who collectively are present at the facility during curfew hours which shall be at a minimum between the hours of I 1:00 p.m. and 6:00 a.m. weekdays and 12:00 a.m. to 6:00 a.m. on weekends, and who is/are in charge of the day-to-day operalion of the facility. The house manager shall be responsible to ensure the safety of the building(s) and grounds; to collect fees from residents; to maintain compliance by residents and staff with facility rules and the Certification Guidelines; and to provide support and referral information, but not counseling or treatment, to residents of the facility. 17. OUTPATIENT - Refers to drug and alcohol treatment programs in which the resident does not reside at the facility where the resident receives treatment. /6069.1 AMENDED ADRFC Guidelines 6057 1 !-13-01 Clean w CoCo corrections 11.28 and 30 01 18. PAROLE BOARD - State Parole Board. 19. PEER COORDINATOR -- A paid staff member who assists the house manager. The peer coordinator may oversee the household chore list and schedule; help to facilitate facility meetings; and report concerns regarding the behavior of residents and the maintenance of the facility to the house manager or director. 20. PROBATION DEPARTMENT - Orange County Probation Department. 21. PROGRESS REPORT - An oral and/or written report of the overall progress towards recovery from substance abuse of a resident who is residing at a sober living facility. Progress reports may be made due to a court order or the terms of a resident's probation or parole, or, at the request of and with the consent of a resident, may be made to other entities or individuals, such as the resident's therapist or referring agency. 22. RESIDENT - An individual who resides in a sober living facility. 23. RESIDENTIAL FACILITY - Refers to programs in which the residents reside at the facility. Hospitals are not included in this category. Facilities covered by the Certification Guidelines are residential thcilities. 24. R_EVOCATION OF CERTIFICATION - A disciplinary action that is imposed by the Certification Coordinator and upheld by the Certification Appeals Board to revoke certification of a facility. Revocation of certification is indefinite. Except in emergency situations, a revocation will not become effective until the time for the facility to appeal has elapsed, or if the facility appeals, until the revocation is upheld by the Certification Appeals Board. To the extent it is clinically appropriate, all County referrals shall be asked to move from a facility from which certification has been revoked and will be placed in a certified facility. Except as required by law or contractual obligations or as permitted by the Certification Guidelines, County personnel shall cease referring individuals to a facility from which certification has been revoked. 25. SECTION 200 REVIEW- A written determination from the applicable local jurisdiction, made following an inspection of a facility by the local jurisdiction, that the facility is in compliance xvith the requirements of Section 200 of the Certification Guidelines. 26. "SHALL" and "WILl," means mandatory, "SHOULD" means recommend, and "MAY means permissive. 27. SOBER LIVING FACILITY - A facility offering an alcohol and drug free residence for unrelated adults who are recovering fi'om alcohol or drug addictions. These facilities may also be known as Transitional Living Environments. No drug or alcohol /6069.1 AMENDED ADRFC Ouidehnes 6057 II-13-01 Clean w CoCo corrections 11.28 and 30.01 treatment services are provided on site. D.A.D.P. does not license such a facility to offer residential treatment for drug or alcohol abuse or addiction. 28. SUSPENSION OF CERTIFICATION - A disciplinary action taken by the Certification Coordinator to suspend certification of a facility. A suspension is for a specific period of time. Except as required by law or contractual obligations or as permitted by the Certification Guidelines, County personnel shall cease referring individuals to a facility from which certification has been suspended. At their option, or, if applicable, at the discretion of the Superior Court, the Probation Department or the Parole Board, residents who were residing at the facility prior to the suspension may remain and complete their programs. Section 104 Reserved ARTICLE 3: AUTHORITY FOR AND EFFECT OF CERTIFICATION Section 105 Voluntary. Certification The Certification Program is purely voluntary. No sober living facility shall be required to apply for or obtain certification under the Certification Guidelines. No facility shall be required to cease operation on account of its not being certified under the Certification Guidelines. Section 106 Effect of Certification 1. It is anticipated that a period of approximately nine (9) months, until ~, 2002, will be required to process all applications for certification that are filed during the initial response to the adoption of the Certification Program. During the period until ~ 2002, i~ is anticipated that there will not be sufficient certified facilities to meet the demand for placement in said facilities. 2. Effective on ~~~1, and except as otherwise provided in the Certification Guidelines or as required by law or contractual obligations, County of Orange personnel, when referring a person to a sober living facility within the County of Orange, other than a facility operated by a State agency, shall refer a person who qualifies ibr admittance to a certified sober living facility only to a certified facility, if the referring County personnel determine that space is available in a certified facility that is suitable for the person being referred. 3. Certification, or lack of certification, is not intended to convey approval or disapproval of any sober living facility or its programs by the County of Orange or the Orange Count>' Sheriff-Coroner. Rather, certification shall be for informational purposes only. 4. Certification does not create a relationship of principal and agent between the County of Orange and any sober living facility, or between the County of Orange and /6069.1 AMENDED Al)RFC Guidelines 6057 II-13-01 Clean w CoCo correclmns II .28 and 30.01 any of the officers, employees, agents, contractors, or volunteers of any sober living facility. 5. On ~, and as often thereafter as the list is updated, the Certification Coordinator shall provide to the Orange County Superior Court the list of certified facilities, in order to assist the Court in directing defendants into appropriate recovery environments. The list will indicate which of the certified facilities also are approved by the Probation Department to receive referrals from that Department. Section 107 Reserved CHAPTER 2: OBTAINING CERTIFICATION ARTICLE 1: ELIGIBLE APPLICANTS Section 108 Type of Facilities Eligible for Certification 1. Sober living facilities are eligible for certification pursuant to the Certification Guidelines. 2. In order to obtain a Certificate of Compliance, a facility must comply with the Certification Guidelines for each physical building comprising the facility. Section 109 Who May Apply for Certification? Any adult or firm, partnership, association, corporation or governmental entity may apply for certification. Strict nondiscrimination rules applicable to govermnent programs shall be followed when considering applications for certification. The Certification Program shall be administered so as to be free of any unlawful discrimination based on ethnic group identification, race, religion, ancestry, color, creed, sex, marital status, national origin, age. political affiliation, medical condition, physical or mental disability, or sexual preference. Section 110 Reserved ARTICLE 2: APPLICATION PROCESS Section 111 How to Obtain Application and Information Applications and application information may be obtained by contacting the Orange County Sheriff/Certification Coordinator, Adult Alcohol and Drug Sober Living Facilities Certification Program, North Justice Center, 1275 North Berkeley, Fullerton, California 92832 (Telephone: (714) 773-4520). Completed applications for certification should be submitted to the Certification Coordinator. /6069.1 AMENDED ADRFC Guidelines 6057 I 1-13-01 Clean a CoCo corrections II .28 and 30.01 Section 112 Documentation to Be Submitted with Application Each applicant facility shall submit to the Certification Coordinator a completed application form and the following additional documents: 1. The facility's Policy and Procedures Manual (Sections 157 and 158 of the Certification Guidelines). 2. The facility's rules for residents, including: a. The facility's policy prohibiting alcohol or non-prescribed drugs on the premises (Section 166 of the Certification Guidelines); b. The facility's' prescription drug policy (Section 167 of the Certification Guidelines); c. The facility's smoking policy (Section 168 of the Certification Guidelines); d. The facility's rules and procedures regarding co-ed interaction, if applicable (Section 177 of the Certification Guidelines); e. The facility's visitation policy (Section 180 of the Certification Guidelines). 3. Copies of all fbrms provided to residents and potential residents, including blank copies of all forms that residents or potential residents are required to complete and/or sign. 4. The facility's stall" infbrmation (Section 132 of the Certification Guidelines). 5. The facility's resident selection criteria (Section 153 of the Certification Guidelines). 6. The facility's policy for alternative referral (Section 153 of the Certification Guidelines). Guidelines). o The facilitsr's intake procedures (Section 155 of the Certification The facility's relapse policy (Section 165 of the Certification Guidelines). The facility's fee schedule (Section 187 of the Certification Guidelines). 16069.1 AMENDED ADRFC Gmdehnes 6057 I I- 13-01 Clean w CoCo corrccuons I 1.28 and 30 0l 10. The facility's policy regarding delinquent payments and payment plans (Section 188 of the Certification Guidelines). 11. The facility's policy regarding refunds for advance payment of fees and repayment of fees (Section 189 of the Certification Guidelines). 12. The facility's food sen, ices and preparation schedule and policy, if applicable (Section 195 of the Certification Guidelines). 13. Proof that the names of all paid staffofthe facility have been submitted to the Orange County Sheriff Department for the purpose of conducting a background check. For those staff who submit to voluntary fingerprint checks, the results of this fingerprint examination will be sent directly from the Department of Justice to the Certification Coordinator. 14. A Section 200 Review from the applicable local jurisdiction, or proof that the facility has applied to the local .jurisdiction for a Section 200 Review. The application x~511 not be deemed complete until the Section 200 Review is submitted. Fees for this inspection will be paid by the facility. All pending inspections must be completed and the Section 200 Review must be submitted to the Certification Coordinator within thirty (30) days of the original application. For a fee, County of Orange personnel will complete the Section 200 Review if requested by the local jurisdiction. In addition, if the local jurisdiction is unable to complete the Section 200 Review within the thirty (30) da5' period, Count>' personnel will conduct the inspection, for a fee, and submit the results to the Certification Coordinator. 15. Written consent, on the form provided with the application and executed by both the director and the house manager of the facility, to inspections of the facility by appropriate local jurisdiction or County of Orange personnel for the purposes of determining initial compliance with the Certification Guidelines, monitoring continued compliance with the Certification Guidelines, and investigating complaints of violation of the Certification Guidelines. 16. Proof that the facility has obtained insurance coverage at least as extensive in both coverage and amount as is required by County's CEO/Risk Management Services, from an insurer that is acceptable to County's CEO/Risk Management Sen, ices. CEO/Risk Management Services' current insurance requirements will be made available with the application for certification. a. The Certification Coordinator will notify' the facility when it appears thru all other aspects of the application are in order and the application for certification will be granted, so that the applicant may obtain amendments of its insurance policies to 'include Orange County as /6069.1 AMENDED ADRFC Guidelines 605'/ I 1-!3-01 Clean %~ CoCo corrections I I 28 and 30 01 an additional insured and ~o include such additional policy language as is specified by CEO/Risk Management Services. b. Before certification is finally granted and a Certificate of Compliance issued, the facility must present to the Certification Coordinator written proof that all required insurance policies have been amended to include Orange County as an additional insured and to include such additional policy language as is specified by CEO/Risk Management Services. Section 113 Certification Coordinator Review of Application 1. The Certification Coordinator will review applications for certification in the order in which the applications became complete. 2. The Certification Coordinator shall: a. Review each application for certification and supporting documentation to deterrnine completeness and compliance with the Certification Guidelines; b. Verify the in£ormation provided by the facility about its personnel with information obtained by the check through the Department of Justice, as specified in Section 133; c. Veri~' that the facility has submitted either a Section 200 Review or will have a Section 200 Review completed within thirty (30) days of the application; d. Make or arrange such additional inspection(s) of the facility, interview(s) with its staff and./or residents who are court referrals, review(s) of records and documents, or such other activities as may be necessary or appropriate to ascertain whether the facility complies with the Certification Guidelines; e. Within thirty (30) working days of receipt ora completed application, issue to the facility by mail a Certificate of Compliance, if the facility is in compliance with the Certification Guidelines, or a written notification of denial of certification, if the facility is not in compliance with the Certification Guidelines; f. If an application is still incomplete at the end of thirty (30) working days after receipt of an incomplete application, notify the faciliLv in writing of the information that is missing. The facility will have thirty (30) days from the date of the notification to provide the missing information; g. If an application is otherwise complete, but areas of non- compliance with the Certification Guidelines that are susceptible of correction within thirty (30) days are identified, notify the facility in writing of the deficiencies, in accordance with Section 208 of the Certification Guidelines. Thereafter, the Certification Coordinator shall treat the application as incomplete until the deficiencies are timely and adequately corrected. 3. The Certification Coordinator may terminate the review of an application if: a. The facility fails to provide additional information or correct deficiencies within the required time period unless good cause is shown for delay; b. The facility fails timely to provide a Section 200 Review; c. The facility submits a written request to withdraw the application; d. The facility provides false, misleading or incomplete information on or with its application. 4. Termination of the review process shall not constitute denial of certification. Section 114 X¥ithdrawal of Application I. A facility may withdraw an application for certification by submitting a written request to the Certification Coordinator. 2. Withdrawal shall not prohibit the Certification Coordinator from taking action to den)' any application for certification. Section 115 Pending Certification A facility ma)' request ~o be placed on a "Pending Certification List" if it has met all the other requirements for certification and either or both of the following apply: 1. The facility is currently awaiting results of its Section 200 Review by its local jurisdiction. The local jurisdiction shall have thin,',' (30) days to complete the required Section 200 Review. For a fee, Comity of Orange personnel will complete the Section 200 Review if requested by the local jurisdiction. In addition, if the local jurisdiction is unable to complete the Section 200 Review within the thin3' (30) day period, Count3' personnel will conduct the inspection, for a fee, and submit the results to the Certification Coordinator. 10. /6069.1 AMENDED ADRFC Guidclincs 6057 11-13-01 ('lean w CoCo correctmns I 1.28 and 30.01 2. The facility is currently awaiting written proof from its insurer of amendment of its insurance policies to include Orange County as an additional insured and to include such additional policy language as is specified by CEO/Risk Management Services. The facility will have thirty (30) days to present such proof. Except as may be required by law or existing contractual obligations or when no certified facility is available to and appropriate for a client, no County referrals will be made to facilities that are pending certification. Section 116 Reserved ARTICLE 3: CERTIFICATE OF COMPLIANCE/ PERIOD OF CERTIFICATION Section 117 Requirement to Post Certificate of Compliance 1. Upon obtaining certification, a facility shall post its Certificate of Compliance in a conspicuous place in the facility, where it can be seen by anyone entering the facility. 2. Each facility shall make the Certificate of Compliance available for inspection upon request. Section 118 Period of Certification Certification shall be effective for a one-year period and shall expire automatically on the anniversary of the date of issuance of the Certificate of Compliance, unless the certification earlier has been renewed. Section 119 Automatic Termination of Certification during One-Year Certification Period Certification shall automatically terminate during the one year certification period whenever the owners or operators of a certified facility: 1. Sell or transfer an ownership interest in the facility; however, when the facility is owned by a corporation, the corporation will not be deemed to have transferred an ownership interest in the facility when the transfer or sale was solely of stock in the corporation and does not constitute a majority change in ownership of the stock of the corporation; 2. Transfer to a person(s) or entity(s), other than a resident or a live-in staff person, a right to occupy or possess all or any part of the facility: 3. Change the personnel responsible for management of the facility, without completing the steps outlined in Sections 145-148 of the Certification Guidelines; 11. ~6069 t AMENDED ADRFC Gmdeiincs 6057 !1-1341~ (.'lcm~ ~ CoCo cor~ccttons II .28 and 30.01 4. Voluntarily surrender the Certificate of Compliance to the Certification Coordinator; 5. Move the facility to a new-location; 6. Die (only if the facility is oxvned and operated by a sole proprietor); or 7. Actually or constructively abandon the thcility for a period of thirty (30) days or more. Section 120 Reserved ARTICLE 4: RENEWAL OF CERTIFICATION Section 121 Renewal of Certification 1. At least sixty' (60) working days prior to the expiration date noted on the Certificate of Compliance, the Certification Coordinator shall send a notice informing the facility of the date when the current period of certification will expire and advising the facility that it must submit within thirty (30) day,s any information described in Section 112 of the Certification Guidelines that has changed during the certification period. 2. The facility also will be required to submit an updated Section 200 Review. The facility should be re-inspected and the updated Section 200 Review submitted to the Certification Coordinator no later than fifteen (15) days before the expiration of certification. 3. The facility.: must be found to be in compliance with the Certification Guidelines in order for certification to be rene~ved. Section 122 Reserved ARTICLE 5: DENIAL OF CERTIFICATION Section 123 Grounds for Denial of Certification The Certification Coordinator ma), deny a facility's application for certification for any of the following reasons: Guidelines; The facility is not in compliance with any provision of the Certification 2. The facility has failed to remedy' each deficiency identified by the Certification Coordinator within the time period specified; 12. /6069.1 AMENDED ADRFC Guidehnes 6057 i ~-13-01 Clean x~ CoCo corrections 11.28 and 30.01 3. The facility provided false, misleading or incomplete information to the Certification Coordinator. Section 124 Facility Notice and Advisement of Right to Reconsideration If the Certification Coordinator denies certification, a wriuen notice shall be sent to the applicant by first class mail. The notice shall: 1. Explain the reasons for denial; 2. Detail the correction(s) required to bring the facility into compliance with the Certification Guidelines; 3. Advise the facility of the rights to reconsideration and appeal in accordance with the Certification Guidelines. Section 125 Reserved ARTICLE 6: RECONSIDERATION Section 126 Procedure for Reconsideration 1. A facility that has been denied certification may file a request for reconsideration with the Certification Coordinator. The request shall be in writing and shall be filed within fifteen (15) calendar days from the date of the notice of denial of certification. 2. The Certification Coordinator shall schedule a hearing that shall be held no later than thirty (30) calendar days after receipt of a timely request for reconsideration. 3. The Certification Coordinator shall serve a notice ofhearing on the facility, no later than ten (10) calendar day, s prior to the scheduled date of the hearing. 4. At the hearing before the Certification Coordinator, the facility shall be given an opportunity to present witnesses and documentary evidence. 5. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence that the Certification Coordinator deems reliable, relevant and not unduly repetitious may be considered. 6. Within fifteen (15) calendar days after the hearing, the Certification Coordinator shall issue and transmit to the facility a written decision sustaining, reversing, or modi~'ing his/her earlier decision. 7. The decision by the Cel'tification Coordinator after the hearing shall be final unless the facility or, if applicable, a member of its staff, files an appeal to the 13. /606g I AMENDED ADRFC Guidelines 6057 I 1-13-01 Clean w CoCo aorrectmns 11.28 and 30.01 Certification Appeals Board pursuant to Sections 228,229 and 234 of the Certification Guidelines. Section 127 Reserved CHAPTER 3: GENERAL CERTIFICATION REQUIREMENTS ARTICLE 1: GENERAL REQUIREMENTS Section 128 General Requirements 1. Each sober living facility, including sober living facilities associated with licensed residential recovery treatmen~ facilities, and its staff shall comply with the Certification Guidelines. 2. Each sober living facility, including sober living facilities associated with licensed residential recovery treatment facilities, and its staff shall comply with all rules, policies and procedures of the facility. Section 129 Reset, ed ARTICLE 2: CONTRACTUAl.. REQUIREMENTS Section 130 Greater or Conflicting Contract Requirements Facilities certified pursuant to the Certification Guidelines may be under contract with the County of Orange to provide alcohol and drug-free housing services. The Certification Guidelines are not intended to supersede contractual requirements, unless the requirements of the Certification Guidelines are greater than those in the contract. To the extent a contract between a certified facility and the County of Orange imposes requirements or obligations on the facility that are greater than the requirements of the Certification Guidelines, the contract requirements and obligations shall prevail. Section 131 Reserved CHAPTER 4: STAFF REQUIREMENTS ARTICLE 1: STAFF APPLICATION DATA Section 132 Staff Information to Be Provided with Application An application for certification and supporting documentation shall contain the ibllowing information about the staff of the facility: 14. /6069.1 AMENDED ADRFC Guidehnes 6057 11-13-01 Clean w CtK.~o co,'xection5 II .28 and 30.01 1. A list of all staff positions, paid or volunteer, and a clear description of the duties of each position. volunteer: The following information about each staff member, whether paid or Full name. and any other names used previously or currently; Current residence address and phone number; Date of birth; Social SecuriLv number; Driver's license number; Education and academic achievements Prior work experience History of convictions, if any'; Current criminal street gang and/or prison gang participation, if Section 133 Staff Required to Submit to Background Check 1. Prior to certification of a facility, all paid staffofthe facility shall be subject to a background Check by the Orange County Sheriff's Department. 2. The director and house manager will be requested to voluntarily submit to a more extensive background check including "live scan" fingerprinting. The results of the fingerprint checks will be sent directly fi'om the Department of Justice to the Certification Coordinator. Section 134 Falsifying Information 1. No staff member of a facility shall falsify information on his/her application for employment or on an application for certification of a facility. 2. Falsifying information ilia).' include but is llOt necessarily limited to the following: falsifying true legal name. date of birth, current address, social security number, or driver's license number. 3. The presence at the facility of an employee or volunteer who falsified information on a certification application or on his/her application for employment or a volunteer position is a violation of the Certification Guidelines and shall be grounds for 15. /6069.1 AMENDED ADRFC Guidelines 6057 11~13-0i Clean xx CoCo corrcctmns I 1.28 and 30.01 denial of certification, if the employee or volunteer remains at the facility for more than fifteen (15) calendar days after the director knew or should have known of the falsification. Section 135 Count-3.' Authorit-5.' to Conduct Staff Background Check In 2001, the Orange County Board of Supervisors adopted an Ordinance to Authorize Voluntary Certification of Alcohol and Drug Sober Living Facilities. The ordinance includes section 5-6-4. entitled "Criminal activity by owners, operators, managers, employees and volunteers of certified sober living facilities." That section authorizes the Sheriff-Coroner to access summary criminal history information about specified facility personnel pursuant to Penal Code sections 11105(b)(l 0) and 13300(b)(10) and sets forth the types of criminal history that disqualify individuals from holding specified positions at certified thcilities. Section 136 Reserved ARTICLE 2: STAFF QUALIFICATIONS AND DUTIES Section 137 Prior Employment History of Improper Conduct No staff member, paid or volunteer, ora fhcility shall have a prior employment history of any of the following improper conduct: 1. Forging or falsifying documents to a court, referring agencies or an alcohol or drug recovery facility; 2. Sexual assault or sexual harassment 3. Inappropriate behavior with staff or residents at another alcohol and drug recovery facility that resulted in termination or resignation from that facility. Inappropriate behavior shall include, but is nm limited, to the following: a. Physical assault: b. Embezzlement or other theft related conduct; c. Falsifying a drug test: d. Selling or furnishing illegal drugs; e. Selling or furnishing alcohol to a resident; or f. Entering into a financial agreement, venture or proposition with a resident unless previously approved by the director of the facility. 16. /6069.1 AMENDED ADRFC Gmdelines 6057 II-13-{~1 (..'leto: ~ C?o~.'o corrcct~ons II .28 and 30.01 Section 138 Paid Staff- Qualifications 1. Prior to certification of a facility, all paid staff shall pass an Orange County criminal justice background check conducted by the Orange County Sheriff Department. a. No sober living facility shall be certified if any of its paid staff have been convicted of any of the following offenses: (i) Sex offenses for which the person is required to register as a sex offender under California Penal Code section 290; (ii) Arson offenses - Violation of Penal Code sections 451, 451.1,451.5.452.452.1. 453,454, or 455; or (iii) Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person, and for which the staff member was convicted within five years prior to employment. b. No alcohol or drug recovery facility shall be certified if any of its paid staff participates in the criminal activities of a prison gang and/or criminal street gang, as defined in Penal Code section 186.22(f). 2. No certified facility shall employ' a person it' that person has not passed a criminal background check by the Orange County Sheriff's Department using the criteria set forth in subsection 1 of Section 138 of the Guidelines. 3. Individual exceptions to staff qualifications set forth in Section 138, subsection 1 a.(iii) may be requested il' the £acilitv deems the decision will benefit the program. Requests for exceptions shall be submitted in writing, include appropriate justification of request, and must be approved by the Certification Coordinator in advance of employment. Section 139 Director-Duties and Qualifications 1. A facility shall employ' one or more persons who collectively perform the duties of Director and Head of Administrative Staff (also known as "director") that are set forth in Section 103 and elsewhere in the Certification Guidelines. The facility may' designate a different title for this position, and may have two or more employees perform the duties of this position, as long as each person pertbrming any of the duties meets the minimum requirements set forth in thc Certification Guidelines for the position. In smaller facilities, the director also may perform the duties of other positions, as long as he/she has adequate time during assigned worl( hours to perform the duties of director and all his/her other duties, and as long as hc."she meets the requirements of the Certification Guidelines for all the positions he.,'she holds. 17. /6069.1 AMENDED ADRFC Gmdelines 605'/ I 1-13-01 ~.'lcan xx Cot ~: co.ec~ons II 28 and 30 Ol 2. Education and Experience: The director shall have education, training and/or experience qualifying him/her to supervise drug or alcohol addicted residents, including residents who have criminal backgrounds. Each person performing any of the duties of the director shall also meet at least one of the following minimum requirements: a. Possession of a four year college degree in a field related to rehabilitation of substance abusers; or b. Certification by a professional counselor certifying organization; c. A minimum of eighteen (18) months full time experience as a counselor, supervisor, or professional in a position similar to the director's position. Proof that (a), (b), or (c) above has been met will be required (e.g., photocopy of professional degrees, references to show prior service in the recovery field). 3. Criminal History: a. A director shall meet the requirements set out in Section 138 of the Certification Guidelines. b. In addition, no facility shall be certified if its Director and Head of Administrative Stafi' is currently under parole or formal probation supervision. 4. Training: Persons holding positions encompassing the duties of director ora facility accepting court referrals or referrals from the Probation Department or the Parole Board, or the director's designee, shall attend all required meetings and training conducted by a Superior Court, the Probation Department, the Parole Board, or the Certification Coordinator. The Certification Coordinator shall provide notice of such required meetings and training. 5. Sobriety: The director, ifhe or she is a former drug or alcohol abuser. should have a minimum of two years of sobriety, and should be participating in a continued program of personal enhancement and recovery. Section 140 House Manager-Duties and Qualifications 1. Each facility shall have a designated house manager or person of higher authority such as a director, who resides at the facility and performs the duties of house manager set forth in Section 103 of the Certification Guidelines. Alternatively, two or more employees may perform the duties of house manager, as long as each person performing any of the duties meets lhe minJmuxqu requirements for house manager set forth in the Certification Guidelines. 18. /6069.1 AMENDED ADRFC Gmd-'lincs 6057 I 1-13-(11 (.'lcm~. (. ,~('o carrecuons I 1.28 and 30.01 2. The facility shall clearly identify the house manager to all residents. The lines of authority, within the organization shall be clearly defined, with the director or house manager having final authority. 3. Drug Testing: The house manager will be subject to alcohol and drug testing as determined by the director of the Facility and in accordance with applicable law. 4. Duties: a. The house manager's duties include the duties described lbr the position in Section 103 of the Certification Guidelines. b. A house manager shall not approve progress reports. c. The house manager n~ay.' administer drug and alcohol tests to the residents, to the extent permitted by law. 5. Criminal History: a. A House Manager shall meet the requirements set out in Section 138 of the Certification Guidelines. b. In addition, no l'acilitv shall be certified if its house manager is under parole or l'ormal probation supervision on the date of the fhcilitv's application for certification or the house manager's employment by the thcility, whichever is later. 6. Sobriety: Ifa house l-nanager is a former drug or alcohol abuser, he/she should have a minimum of one year of sobl'ietv and should be participating in a continued program of personal enhancement and recovery. Section 141 Peer Coordinator -Duties and Qualifications 1. If a facility has a peel' coordinator, it still shall have a house manager and/or director who resides at or is present or on call whenever residents are present at the facility. Not~vithstanding the foregoing, ill case of an emergency or unforeseen circumstance, the availability of other designated supervisory, personnel to respond to the facility shall be sufficient. 2. Duties: a. Each facility.may have a designated resident who assists the house manager, and who may pel'l'orm the duties listed in Section 103 for a Peer Coordinator. 19. /6069.1 AMENDED ADRFC Guidelines 6057 I I-~3-0[ L'lean x~ (.'oL'o corrections I1.28 and 30 01 b. The peer coordinator shall not supervise or provide referral intbrmation, counseling or n'eatment to residents. c. The peer coordinator shall not write or sign progress reports. 3. Compensation: A person working in the capacity of peer coordinator shall receive compensation for his/her services. 4. Drug testing: A peer coordinator shall be subject to alcohol and drug testing as determined by the director or house manager of the facility in accordance with applicable law. 5. Criminal History: a. A peer coordinator shall meet the requirements set out in Section 138 of the Certification Guidelines. b. In addition, no lhcilitv shall be certified iff on the date of the facility's application for certification or the peer coordinator's employment by the facility, whichever is later, a peer coordinator is under parole or formal probation supervision for a violent felony, as defined in Penal Code section 667.5. c. A facility will not be disqualified from certification on account of its peer coordinator's being uncler probation or parole supervision solely for a non-violent offenscts), i!' the peer coordinator otherv,4se meets the requirements of this section. 6. Sobriety: Ifa peer coordinator is a former drug or alcohol abuser, he/she should have a minimum of three months of sobriety and should be participating in a continued program of personal enhancement and recovery. Section 142 Subsequent Criminal Activity or Convictions of Disqualifying Offenses Certification previously granted to a sober living facility shall be revoked and a pending application for certification shall be denied if: .1. a. Any ofthe paid staff ol'a sober living facility or a peer coordinator are convicted, while the application is pending or during the period of certification, o£any offense that would have disqualified the facility from certification if the conviction had occurred earlier; or 20. /6069.1 A.~tENDED ADRFC Gmdclines 6057 II-13-0! C~c:u: x~ (',,Co corrections I 1.28 and 30.01 b. It is discovered that any ofthe paid staffofthe facility is required to register as a sex ol:fender pursuant to Penal Code section 290 or currently participates in the criminal activity of a prison gang and/or criminal street gang, as defined in Penal Code section 186.22 (f); and 2. The staff member's conviction, sex offender registration requirement or membership or participation in the criminal activities of a prison gang and/or criminal street gang would have disqualified the facility from certification if it had occurred or had been discovered earlier. Section 143 Reserved Section 144 Reserved ARTICLE 3: NEW STAFF DURING CERTIFICATION PERIOD Section 145 Qualifications ot' Staff Added After Certification 1. At a minimum, within three (3) working days of making a job offer, a facility shall provide the Certification Coordinator with the information about the new staff member listed in Section 132 of the Certification Guidelines. The Sheriff's Department thereupon will conduc~ a background check within two (2) business days. If within the two (2) business days perio& the background check is not completed, the employee may begin work at the facility, sul2iect to later completion of the background check of the new employee to determine whether he or she meets the staff qualification requirements of the Certification Guidclil'~Cs 2. Continued employment of a new staff member who does not meet the staff qualifications set out in the Certification Guidelines shall be grounds for suspension or revocation of certification. Section 146 Replacement of Director and House Manager In order to be assured that a facility continues to meet certification standards for the safety of residents, staff, and the community, a permanent director or house manager shall be replaced as soon as possible, but no later than: Director - Sixty (60) days from the date the position becomes vacant. House Manager- Thirty (301 days from the date the position becomes vacant. Section 147 Appointment ot' Acting Director or House Manager In order to be assured that a facility continues to meet certification standards for the safety of residents, staff, facility' and the community, an acting director and acting house manager shall be appointed no later than the following: 21. /6069.1 AMENDED ADRFC Guidehnes 6057 ', 1-13-01 Clcan xx CoCo corrections II .28 and 30.01 1. An acting director shall bc appointed as soon as possible, but no later than 72 hours after the departure of the preceding director. 'l"he acting director shall qualif,v under the standards of the Certification Guidelines. 2. An acting house manager shall be appointed immediately (within 24 hours) after the departure of the preceding house manager. The acting house manager shall, at a minimum, qualify under the standards of the Certification Guidelines for peer coordinator. Section 148 Reserved ARTICLE 4: DENIAL OF CERTIFICATION DUE TO STAFF Section 149 Denial of Certification Due to Lack of Staff Qualifications The Certification Coordinator siaall deny certification to a facility if: 1. Review of its staffing or staffs qualifications indicates that the facility is not in compliance with Sections 1_33-144 of the Certification Guidelines. 2. The facility fails to remedy each deficiency identified in the written notice of deficiency. 3. The facility provides false, misleading or incomplete information about any of its staff positions or staff members. Section 150 Staff Notice and Advisement of Right to Reconsideration If the Certification Coordinator determines to disqualify a facility from certification on account of the qualifications of a member of its staff, the Certification Coordinator shall first send a written notice to both the facility and the staff member by first class mail. The notice shall: 1. Explain the reasons tbr disqualification: 2. If the reason for disqualification is subject to correction, detail the correction required to the particular noncompliance specified in the notice; 3. Specify a time period for compliance; 4. Advise the facility and the staff member of'the right to reconsideration and appeal in accordance with the Certification Guidelines. 22. /6069.1 AMENDED ADRFC Guidehnes 6057 I 1-13-01 (.'lean .a. C,£'o corre:'.tmns I 1.28 and 30.01 Section 151 Staff Procedure fin' Reconsideration 1. A facility or a staff member or prospective staff member of a facility whose qualifications have been determined to disquali~, the facility from certification may file a request for reconsideration by the Certification Coordinator. The request shall be in writing and shall be filed fifteen (,15) calendar days from the date of the service of the notice of denial of certification. 2. The Certification Coordinator shall schedule a hearing, which shall be held no later than thirty (30) calendar davs after receipt of a timely request for reconsideration. 3. The Certification Coordinator shall serve notice of hearing on the facility and the staff member, not later than ten (10) calendar days prior to the scheduled date of the hearing. 4. At the hearing before tl~e Certification Coordinator, the facility and the staff member shall be given an opportunity to present witnesses and documentary, evidence. For example, letters from the Probation Department, the Parole Board or a sponsor. 5. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence that the Certification Coordinator deems reliable, relevant and not unduly repetitious may be considered. 6. Within fifteen (15) calendar days after the hearing, the Certification Coordinator shall issue and transmit to thc facility and the staff member a written decision sustaining, reversing, or modifying his/her earlier decision. 7. The decision by the Certification Coordinator after the hearing shall become final unless the facility or staff member files an appeal to the Certification Appeals Board pursuant to Sections 228,229and 230 of the Certification Guidelines. Section 152 Reserved CHAPTER 5: ADMISSION AND INTAKE REQUIREMENTS ARTICLE 1: ADMISSION Section 153 Resident Selection Criteria In order to help safeguard residents, staff, visitors, and neighbors, each certified sober living facility shall have and adhere to written criieria for resident selection. Prospective residents will be advised of the criteria prior to admittance, and be offered referrals to non-certified facilities when appropriate. 23. /6069.1 AMENDED ADRFC Guidehnes 6057 I 1-13-01 t.'lcaa w CoCo correcuons I 1.28 and 30.01 Resident Selection Criteria shall include: Criminal History: The facility shall require each prospective resident to complete a form listing any crimes specified in Section 138 of the Certification Guidelines of which the prospective resident has been convicted and the dates and locations of such convictions. If the prospective resident claims not to have been convicted of any such crimes, he/she si~all certify' on the form that he/she has never been convicted of any of the crimes specified in Section 138 of the Certification Guidelines. No certified facility shall accept as a resident a person who discloses a conviction for any of the crimes specified in Section 138 of the Certification Guidelines. 2. All criteria for selecting residents shall be objective and shall relate to the facility's strengths or expertise in assisting in recovery from alcohol and drug addictions. 3. A facility shall not unlawfully discriminate against prospective applicants on the basis of ethnic group identification, race, religion, ancestry, color, creed, sex, marital status, national origin, age. political affiliation, medical condition, physical or mental disability, or sexual preferencc, and shall adhere to all applicable federal and state laws and regulations related to nondiscrimination. 4. ]'he facility shall admit any person who meets the facility's objective and non-discriminatory admissions criteria and who is physically and mentally able to comply with thc facility's rules. Such persons include those who otherwise qualify for admission and who are living with Human lmmunodeficiencv Virus (HIV) disease, as well as persons with a mental illness diagnosis. 5. Each facility shall comply with the applicable provisions of law pertaining to the prohibition of discrimination against qualified persons with disabilities with respect to admission to the facility, accessibility of the facility, and participation in the facility's services, programs and actMties, including Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq., as implemented by 45 C.F.R. § 84.1 et seq.), if applicable, and with such provisions of the Americans wifi~ Disabilities Act of 1990 (42 U.S.C. § 12101 et seq. as amended) as may be applicable. 6. Before admission to thc facility, the facility shall require potential residents who show signs of any communicable disease, or who, through medical disclosure during the intake and admission process, disclose a health related problem that would put others at risk, to be cleared medically to reside in housing with uninfected persons. 7. Ifa prospective resident is denied admission into a facility, the facility shall have a written policy for alternative referral mid shall provide a copy of that policy to the prospective resident who is denied admission. Section 154 Reserved 24. /6069.1 AMENDED ADRFC Gmdclincs 605~ II-13-01 C;can w CtK'o cormcmms II 28 and 30.01 ARTICLE 2: INTAKE Section 155 Intake Procedures 1. The facility shall have a written imake procedure for new residents. 2. The director or house manager shall hold an intake appointment with each new resident, during which the director or house manager shall: a. Review and place in the new resident's file his/her treatment- related court orders and.,'or treatment plan recommendations from referral sources and others, if' available; b. Determine and document in the resident's file how the facility can assist the new resident in implementing his/her treatment related court orders and/or treatment plan recommendations, and so advise the new resident; c. Identi$: and document in the new resident's file an5' prescribed medication used by resident; d. Provide thc new resident with a cop>' of the facility's rules for residents; e. Have the new residem sign all consent forms and confidentiality waivers required by the ihcility and his,'l~er referring agencies or the Superior Court, and place such signed forms in the resident's file; f. All court ret'errals and residents referred by the Probation Department or thc Parole Board. who have not already done so, shall sign a waiver of confidentiaii~y at the time of initial intake into the facility, and the facility shall maintain that waiver in its records. The waiver shall permit disclosure of in tbrmation aborn the resident to whichever of the courts, the Probation Department and/or the Parole Board is monitoring the resident's progress. Section 156 Reserved CHAPTER 6: PROGRAM REQUIREMENTS ARTICLE 1: POLICIES AND PROCEDURES MANUAL Section 157 Policy and Procedures Manual 1. Each facility shall maintain, and have available for inspection, a Policy and Procedures Manual. 25. /6069.1 AMENDED ADRFC Guidelines 6(.'? I;-, 3-0[ ~.'"t-,u." · x~ CoL't, col~ccuon.q I I 28 and 30.01 2. Each staff member shall be familial' with the policies and procedures contained in the Manual. Section 158 Contents of Policy and Procedures Manual At a minimum, a facility's Policy and Procedures Manual shall contain the following: 1. Employees a. Job descriptions for all staff positions; b. Drug testing procedures and requirements; c. Staff discharge procedures; d. A procedure to immediateb noti~' the Certification Coordinator of any change in the personnel holding staff' positions. 2. Nondiscrimination/Compliance with the Law a. A prohibition against sexual harassment by and of staff' and residents; b. A prohibition against unlawthl discrimination against employees and applicants for employment on the basis of ethnic group identification, race, religion, ancestry, color, creed, sex. marital status, national origin, age, political affiliation, medical condition, physical or mental disability, martial status, or sexual preference, in accordance with all applicable federal and state laws and regulations. This prohibition shall extend to all of the following: employment, upgrade, demotion or transfer, recruitment or recruitment advcrtising, layoff or ~.ermination, rate of pay or other forms of compensation, and selection tbr training. c. A prohibition against unlawful discrimination in the provision of services, the allocation of benefits or in the accommodation in facilities on the basis of ethnic group identification, race, religion, ancestry, color, creed, sex, marital status, national origin: age, political affiliation, medical condition, physical or mental disability, or sexual preference in accordance with all applicable £ederal and state laws and regulations. d. Drug flee work place policy, including procedures fbr compliance with the California Drug Free Work Place Act. Govenmaem Code sections 8350-8357. 26. J6069.1 Ah.'IENDED ADRFC Gmdt:hnes 6057 :i-!3-01 ('leap w Col..'t~ corrccmms i I 28 and 30.01 e. A procedure for keeping staff and the residents informed and updated on all aspects of the above-described policies. 3. Drug testing: Procedures for drug testing of house managers and peer coordinators and such other staff and applicants for staff positions as the faciliL' specifies. 4. Prescription Medications: A prohibition against the inappropriate use of prescribed medications on the facility premises, as described in Section 167 ofthe Certification Guidelines. 5. Conflicts of Interest: A prohibition against personal and financial conflicts of interest including a prohibition against entering into a financial agreement, venture or proposition with a resident unless previously approved by the director of the facility. 6. Designation of staff other than the director who may have access to residents' files. All staff'with access to residents' files must have a legitimate need for such access as part of performing their duties at the facilitv. 7. Policies to support residents' recovery efforts, as follows: a. A requirement that staff maintain respect for the dignity of each resident at all times: b. A requirement that staff encourage residents to accept personal responsibility for their behavior. c. Recommendations about encouraging active involvement of residents and staffwith the recovery community through appropriate activities such as drug and alcohol free social events and recovery-oriented sen, ices and events. d. Recommendations about providing residents opportunities to acquire life skills for sobriety, crime fi'ee behavior, education and employment. e. A written drug and alcohol relapse policy and procedure for residents, as set forth in Section 165 of the Certification Guidelines. Section 159 Reserved 27. /6069.1 AMENDED ADRFC Guidehnes 6057 I ~-:,34;I Clean x~. CoCo corrccmms I 1.28 and 30.01 ARTICLE 2: RESIDENTS' ACTIVITIES Section 160 Staff Presence and Availability 1. At each facility, a person or persons perfbrming the duties of director and/or house manager shall reside at the facility or shall be present at the facility during curfew hours, which shall be, at a minimum, between the hours of 11:00 p.m. and 6:00 a.m. weekdays and 12:00 a.m. to 6:00 a.m. weekends. Whenever a director or house manager is not present at tine facility, a responsible member of the facility's staffshall be on call to respond to the facility witlfin twenty (20) minmes of being summoned. The phone number that the certification coordinator can call to summon a stuff member to the facility within twenty (20) minutes shall be on file with the certification coordinator at all times. 2. The staff person in charge shall be readily identifiable at all times. 3. Each facility shall designate and post the hours that individual staff members will be on site. Section 161 Criminal Activity No type of criminal activiw shall be promoted, condoned or permit-ted at the facility or at any activity associated witln the facility. Section 162 Residents' Court Orders and Treatment Plans 1. Facility staffshall support and cooperate with all residents' known court orders and accommodate residents' schedules for compliance with the residents' trealment plans. 2. Failure to support a resident's court orders slnall be deemed a serious violation of the Certification Guidelines, resulting in suspension or revocation of certification. Section 163 Participation in Recovery Activities 1. The facility shall provide adequate opportunities for residents to participate in activities consistent with tlne stated goals and objectives of their treatment plans. 2. Facility slaffslnall encourage all residents to be active during the day in activities appropriate to recovery, e.g.. participating in treatment or counseling, attending school, working a job, searching for a job or peribrming other activities that are appropriate for recovery.'. 28. /6069.1 AMENDED ADRFC Gt,~dehnes 605? I i-13-01 CIc;m xx CoCo cormcl~ons I 1.28 a,~d 30 01 Section 164 Reser~'ed ARTICLE 3: ALCOHOL/DRUGS/SMOKING Section 165 Drug and Alcohol Testing/Relapse Policies 1. The Parole Board. the Probation Department, and the Superior Court may impose mandatory drug testing on residents and provide such testing. Each facility shall facilitate its residents' compliance with such mandatory testing requirements. 2. The facility may, but is not required to, adopt a policy requiring residents, including residents without mandatory testing requirements, to submit to drug tests in order to determine whether residents remain sober while residing at the facility. If such a policy is adopted, the facility shall be solely responsible tbr ensuring that all legally required consent forms are signed by residents and that all legal requirements pertaining to such testing are satisfied. 3. The frequency of tests should be noted in each resident's file. 4. Resident's drug tesl results shall be kept confidential to the extent required by law. Except as may be required by court orders and/or the terms of residents' probation or parole, residents' test results will not be disclosed to the Certification Coordinator. 5. If it is the policy ofthe Facility to require drug tests of residents who do not have mandatory drug test requirements imposed by court orders and/or the terms of probation or parole, the facility shall have a written relapse policy and procedure describing the actions to be taken when such a resident tests positive for alcohol and/or drug use. 6. The facility shall have a similar wriuen relapse policy applicable to residents who do not participate in drug tests and to relapses discovered by methods other than drug tests. Section 166 Prohibition against Alcohol and Non-Prescribed Drugs The facility shall have a written policy prohibiting alcohol and any drugs other than prescription medication on the premises. This policy shall be prominently posted at the facility. Section 167 Prescription Drug Policy 1. The facility shall have a written policy regarding the possession, use and storage of residents' prescribed medications. The facility may not dispense medication, but must make it available to reside:us. 29. /6069.1 AMENDED ADRFC Guidelines 6057 II-13-(}1 Clean w CoCo corrcc:ions II 28 and 30.01 2. The facility shall prohibit the possession of prescription medication by any resident other than the resident for whom it is prescribed, and in an), quantity, greater than the amount prescribed. Section 168 Smoking Policy The facility shall have and enf'orce a written smoking policy designating places in or around the facility as the only places where smoking is permitted. Section 169 Reserved ARTICLE 4: REPORTS Section 170 Accurate Progress Reports 1. The facility shall provide accurale reports about a resident's progress to courts, thc Probation Department and the Parole Board. in accordance with residents' court orders and/or the terms of residents' probation or parole. 2. Upon the request and with the consent of a resident, the facility shall provide accurate reports about the ,-csident's progress to the resident's referring agency or personnel involved in the resident's recovery, such as therapists. Section 171 False Reports It is a felony to prepare any type ol'written instrument that is false or antedated, with intent to present it for any, judicial trial or proceeding or inquiry'. (Penal Code section 134). Section 172 Approval of Progress Reports The Director shall approve all progress reports issued by the facility. Section 173 Notification of Resident's Departure If a county refei'ral or a court referral moves out of the facility, or is terminated for cause from a facility, the appropriate court, or referring County' department or agency shall be notified within 24 hours or the next working day. Section 1'74 Reports to Certification Coordinator 1. Each facility shall follow the procedures prescribed in this section if any events identified in subsection (3) of this section occur. 2. Upon the occurrence of any of the events identified in subsection (3) of this section, the director or house manager of the facility shall make a telephonic report to 30. /6069.1 AMENDED ADRFC Guidelines 6057 I I-l.'.-Ill UIc:m ~x CoCo zorrectmns I 1.28 and 30.01 the Certification Coordinator within one (1) w'orking day. The telephonic report shall be followed by a written report within seven (7) working days of the event. If a report that meets the requirements of this section is made to State or local authorities, a copy of such report will suffice for the written report to be submitted to the Certification Coordinator. 3. Events that require reporting shall include: a. Death of any r~sident due to any cause. b. Any facility.'-related it~ury ora resident or staff member, which requires medical u'eatnaent. c. All cases of communicable disease reportable under section 2502 of Title 17, Calitbrnia Code of Regulations. Such cases of communicable disease shall be reported only to the local health officer. d. Poisonings. e. Catastrophes such as flooding, tornado, earthquake or any other natural disaster. Fires or explosions that occur on the premises or grounds. g. Any criminal activity that occurs on the premises or the grounds of the facility. 4. Information provided in the report shall include the following: a. Resident's and. or staff' member's name, age, sex, and date of admission. b. Date, time, and nature of the event. c. Attending physician's name, findings and treatment, if available. 5. An), change in the fi~cili.:v owner or operator's mailing address shall be reported to the Certification Coordinator within ten (10) working days following the change. Section 175 Reserved 31. /6069.1 AMENDED Al)RFC Guidelines 6057 ii ~ 13-~:I t 'lean xx C'oCu conecuons !1.28 and 30.01 ARTICLE 5: INTERACTION OF RESIDENTS Section 176 Single Gender Facilities Single gender facilities are encouraged but not required. The roles and regulations for single gender facilities shall include, but need not necessarily be limited to the following: 1. Residents shall v,:ear appropriate attire when in shared areas of the facility and in the presence of other residents, sta fl-' or visitors. Sexual harassment of residents or staff is prohibited. Sexual harassment policies, procedures and rights shall be posted in the facility along with the name and telephone number of a comact person. 3. Staff shall not engage in behavior with an3,' resident that leads to a romantic or sexual relationship while the residenl is residing at the facility. Section 177 Co-ed Facilities If the facility has both male and female residents, it shall have written rules and procedures regarding co-ed interaction, il'~cludilv2_, but not necessarily limited to the following: 1. Residents shall wear al:~l, ropriate attire when in shared areas of the facility and in the presence of other resident::, stal"f or visitors. 2. Male and female residents shall BOt share bedrooms. 3. Sexual harassment of residents oi' staff is prohibited. Sexual harassment policies, procedures and rights shall bc posted in the facility along with the name and telephone number of a contact pe1'son. 4. Staff shall not engage in behavior with any resident that leads to a romantic or sexual relationship while the resident is residing at the facility. 5. A facility is perrnitted ~o make exceptions to the foregoing rules in situations that a court or residents' rel~c1'l'i:ag agencies deem appropriate, e.g. if a married couple or a couple in a long term committed relationship enter a facility as a couple, some of the foregoing rules would be inapplicable to thern. Section 178 Reserved 32. /6069.1 AMENDED ADRFC Guidchn:s 6057 I i-:..;-Ol ,.'lc~m ~x CoLo correctitms ' I 28 and 30 01 ARTICLE 6: VISITORS Section 179 Access to Facility by Unauthorized Persons Access to the facility by individuals who are neither residents, facility staff, volunteers, nor authorized visitors shall be monitored by the facility and limited so that neither the program nor the comfort of residents is disrupted by such access. Section 180 Visitation Policy The facility shall have a written visitation policy. The following are the minimum requirements: 1. All visitors shall sign in and out of the facility, using their full names; 2. Visitors shall be permitted in the facility only between such hours as the facility may designate, but in no even', after 10:00 p.m. or before 8:00 a.m.; 3. There shall be designated visiting areas, which shall be located in the common living areas of the facility, and which shall be available to all residents for meetings and receiving and entertaining guests. The bedrooms and garages shall be off limits for visitors and shall not be used at any time fol' visits or meetings without the prior written approval of the Certification Coordinmor. the Probation Department or the Orange County Health Care Agency: 4. No visitors shall be pcmqitted on the premises while intoxicated; 5. Visitors shall not be l~ft alone in the facility at any time; 6. Regulations regarding children visiting the facility shall include: a. Specific hours fi:r visitation: b. The type of supervision required; and c. Restriction ofci~ildren to the common areas. Section 181 Reserved ARTICLE 7: LEAVING THE FACILITY Section 182 Resident Sign In/Out Log and Schedule 1. The facility shall maimain a resident sign in and sign out log for all residents who are court or COtlllly tel'offals. i6069.1 AMENDED ADRFC Guidchncs 61)5'; I I-I '~.n! ~. ic.m xx ~. oU,, cm'r~'cnons I I 28 and 30.01 2. Each resident wino is a cotn'l referral or a county referral shall be required to sign his/her complete name in the log with the time that he/she left the facility and the location and telephone number of his,'l,,er destination. 3. Each resident wino is a ,'our~ referral or a county referral shall be required to sign his/her complete name in thc It,g upon returning to the facility, and the time he/she returned. The facility shall retain its sign in/sign out logs for a minimum of one (1) 5. Every resident's sche¢lt~lc Ibv treatment, work, education or other activities shall be provided to, and maintained b',. thc I'acilitx' management. 6. Every residcnt's scheduie shall include tine location and telephone number where the resident can be reached. 7. Every resident slnall bc required lo notil\' the management of any change in his/her schedule for treatment, work. c'cittontion or other activities. Section 183 blaster Log for ~'lultiple Facilities Programs with m.ultiple resiclc~ial ihcili~ies shall maintain a current master log of all residents at all of the program's cc?~ilied :'ac il i ties. The master log shall be maintained and shall be available at the progrtmn's business ol't"ice or main facility. Section 184 Curfew The facility shall have a cm-fexx for residents starting no later than 11:00 p.m. on weeknights and 12:00 a.m. on weckends and ending no em'lier than 6:00 a.m. on any day. Allowable exceptions may include resldcnts who work during these hours and residents who have prior approval ol'the t'aciiit,, 's stat'!: the Health Care Agency, or the resident's Probation Officer or Parole Officer. Section 185 Overnight Passes 1. Overnight passes max oc given lo a resident after he/she becomes eligible, at the discretion of and with the approval o f the director or house manager, or on order of a Superior Court, the Probation Dt:q,a:':mcnt or thc Parole Board. No overnight pass shall be granted if it would conflict with anx existing court order. 2. When going on an ox'c:',~ight pass. a resident shall be required to sig,a in and outofthe facility on the resident ~;,,n in and siun out log. '/he facility will notii'x tiao tel'erring ~gcncv of any violation of Section 185. .34. /6069.1 AMENDED ADR. FC Guldehnes 6(}57 I I- .;-t: t, ':~':u: ',x tol. ~, c:~rr,ect~t,n> I 1.28 and 30 01 Section 186 Reserved ARTICLE8: FEES Section 187 Fee Schedule 1. The facility slnall lnax.'c a written fee sclnedule that is provided to all residents and posted at the facility. 2. The current fee sclnedu[c shall be provided to the Certification Coordinator. 3. At the time of acceptance and admission into the facility, each resident shall be informed of the exact fees required, and fee payment policies and procedures. 4. The facility may establish a reasonable and appropriate fee, to be approved in advance by the Certification Coordinator. lbr any drug or alcohol testing conducted by the facility. 5. The resident shall be informed ol'all items that are provided by the facility and which personal items residents mus~ provide tlnemselves. 6. Residents shall not be charged a relapse or re-entry fee. Section 188 Delinquent Payments and Payment Pi'ans 1. The lhcility.' slnall lnax.'e a written policx regarding delinquent payments and payment plans. 2. If a resident has nol paid tine amoul~t due. the decision whether to terminate the resident, extend a grace 'gcriod or make a payment plan arrangement is at the discretion of the director. Section 189 Advance l"avmenl of Fees and Repayment of Fees The facility shall have a written policy regarding refunds for advance payment of fees and repayment of fees. Section 190 Receipt for Fees A resident shall be given a signed receipt at tile time of payment of an)' fees. Section 191 Reserved 35. /6069.1 AMENDED ADRFC (,~mdeline.-i t~t~5': 11-13-01: Ic;u' x~ C ,,( o ,:orlccmm$ II 28 and 30.01 ARTICLE 9: RESIDENTS' FUNDS Section 192 Co-mingling Funds Staff shall not co-mingle their mYn I~mds or the facility's funds with residents' funds. Section 193 General Assistance If the facility accepts a rcsident's General Assistance rent allowance, the facility shall follow all procedures required b~ the Orange County Social Services Agency. Section 194 Reserved ARTICLE I0: FOOD SERVICE Section 195 Food Service 1. Iflbod service is offered by tine facility, tine facility shall provide the residents with the facility's food services and preparation schedule and policy. The kitchen shall be clean. Food shall be properly maintained and stored. The facility may provic!c meals, wlnich may be included in the fees paid bx.' 4. residents. 5. 6. Section 196 Residents may be responsible for their own food items. There shall bc adequate seating in the dining area. Reserved ART1CLEII: RESIDENTS' FILES Section 197 Maintenance of Residents' Files All files pertaining to residents shall be lnandleci in the following manner: 1. All files shall be kept it: a locked cabinet. 2. Residents' files sha!l rl(q be cc,-n~inglect. 3. Access shall be limited io the director and other personnel with a legitimate need for access who arc specified in the facility's policies and procedures. 36. /6069. I AMENDED ADRFC Gu]dehnc., 0(]5- ~ I-'. 3-(.,I '. ic,m v. t ,,t ~, concct~on:., Ii 28 and 30 01 4. Each staffnuember, paid or volunteer, with access to residents' files shall be required to agree in writing with thc [hcility to maintain the confidentiality of the records and information in such files unless required by law to disclose file records or information. This agreement shall specit3' that it is effective irrespective of the subsequent resignation or termination of thc .staff member. Section 198 Contents of Individual Residents' Files The content of individual residents' files shall include, but need not be limited to, the following: 1. A personal information I'orn; xxhich contains: a. Personal data for proper identification; b. Length of sobriety arid prior recovery experience; c. The names o£thc rcsidcnt's current outpatient treatment and educational lbo il i tics: d. 'flue name ol'thc .~m~t'cc of'referral to the facility. 2. Copies of the resident's cm'rentiv e["l'ective court orders, if any. others. The resident's recovery plan recommendations fi'om referral sources and 4. Notations about how tine I'acili:x can assist the resident in implementing his/her recovery-related courl orclers and~or recovery plan recommendations. 5. List of prescribed n~edication used by the resident. 6. Signed originals of all consem i'c)rn:s and confidentiality waivers required by the facility or the residents' referring a~.encics or the Superior Court. For all court referrals and residents referred by the courts. ~hc l)robation Department or the Parole Board, the resident's file must include a waiv~'r of confidentiality, signed at the time of the resident's initial intake into thc facility, to Iocrmit disclosure of designated information about the resident to whichever o I' thc courts, the Probation Department and/or the Parole Board is moniloring ~he resiclent's progress. 7. Copies of all progress reports and all correspondence writlen by the staff regarding the resident. 8. Dates and results of'all drug m:d alcohol tests and all forms related to such tests, including consent forms and.'or courl orders. /6069.1 AMENDED ADRFC Guidelm::s (~!.5? I i- ! 3 411 :. :elm x'.: . .~ ,, corec::: mn,: I 28 and 30 01 9. Overnight pass infomaation. ] 0. Dates of the resident's cmrv and compietion or termination from the facility, including the circumstances of his/her exit. 11. The resident's f'ee pay'lqacnt rccorct, including amount of fee(s), and the date(s) and amount(s) of payment. 12. A copy of the facility's rules and resident in-take forms, signed and dated by the resident upon entry to the facility. Section 199 Reserved Section 200 CHAPTER 7: BUILDING AND GROUNDS .REQUIREMENTS ARTICLE 1: SECTION 200 REVIEW Compliance with (_'odes, Pc,'mits and Other Requirements Related to Buildings and (;,'ounds Prior to certification, each sober living h~cili,.x' shall obtain from the applicable local jurisdiction an inspection and a written clctcrmin,~tion [called a "Section 200 Review"] that the facility complies wil la all of :he i'ollowing requirements: 1. Conformance with all h,callv applicable and regularly enforced zoning regulations. 2. Possession of all recluircd local, county mid state permits. 3. Conformance witln applicable lire salkty.' standards, including occupancy limit, smoke detectors and emergency exit plan. 4. Building and Grounds I),equ~rcn~ents. a. The facility slx:l! be clean, safe. sanitary and in good repair at all times. The interior o f the t'acili~v shall be fl'ce of flies and other insects. c. The lhcilitv shai! provide fo,' tine safe disposal of contaminated water and chemicals used for cleaning purposes. d. Living areas in the l'acilitx shall be separate and secure. Permanent walls, floors, ceilings and doors shall enclose the facility's living, sleeping, bathing and [oilcting areas. This does not preclude the 38. /6069.1 AMENDED ADRFC Guidelines 0057 I i-I.;-(ll , :can ~ ( '.t.'. cor, C;:lmn> ! I 28 and 30.01 use of more than one bt,ilding or the use of wing(s) of a building or floor(s) of a building in meeting this requirement. e. All residents shall be protected against safety hazards within the facility through provision of appropriate protective devices, including, but not limited to, non-slip material on rugs. f. All ouldoor and indoor passageways, stairways, inclines, ramps, open porches, and other' areas ot: potential hazard shall be kept free of obstructions. g. Permanent or portable storage space shall be available for storage of facility equipment and supl~'iies. Facility equipment and supplies shall be stored in appropriate space and shall not be stored in space designed for other activities. h. Every in-ground pool and every above-ground pool that cannot be emptied after each use shall have an operative pump and filtering system. i. Adequate lix'in~ space lbs' each residem in the bedrooms and bathrooms shall be prox idecl as th!lows: (i) Bedrooms .si~all not be overcrowded. The definition of a bedroom For thc purposes of this requirement is the definition contained in thc [.Snil'orna Building Code. There should be a mininaum of 70 ~ClUare feet tbr the first two people and 50 square feet for each additional person in bedrooms. (ii) Each residen', slaai! inax'e a closet and dresser space made available ~o him. her. j. Adequate bathing, hand x.vashing and toilet facilities shall be provided with a maximum rat io off one bathroom facility per six (6) residents. Space for each residcnt's toilel articles shall be provided. k. The bathrooms M~all be clean, shall provide privacy, and shall contain general hygiene items such as soap and toilet paper. 1. When female ~ncl male residents are housed in the same facility, the facility shall ensure ~ninin'~al personal security and privacy, which shall include the following: (i) Separate and actcquate ~oilet. hand washing, and bathing facilities tbr I"en;ales and males. Such facilities shall be in proximity of dc.signatcd sleeping quarters. 39. /6069.1 AMENDED ADRFC Guidelines 6(:57 I I-! 3-Ol , I,..ae~ ,x t o~.'o c,}rrcct~l:s I I 28 and 30 01 (ii) Separale and adequate sleeping areas for females and males. Such areas shall be enciosed by permanent walls, which extend from the floor to the ceiling and have permanent doors. m. Locks shall be placed on all exterior doors and windows in order to maintain proper security. Fixtures, Furniture. Eclt~ipmen! and Supplies: a. A COlnfortable tcml>cratt~I'e lbr residents shall be maintained at all times. b. All window screens shall be in good repair and be free of insects, dirt and other debris. c. The fhcility " sim. prox ide lamps or lights as necessary in all rooms and other areas to ensure tile .safety of all persons in the facility. d. Hot water faucets useci by residents for personal care shall meet the following requirements: (i) Hot water delivered to plumbing fixtures used by the residents shall not be les,,, ~b. an 1()5 degrees Fahrenheit (40.5 degrees Celsius) and noi more than 130 degrees Fahrenheit (54.4 degrees Celsius). (ii) Taps delivering water at ! 31 degrees Fahrenheit (54.9 degrees Celsius) or abox c sinai! bo prominently identified with warning signs. e. All toilets, hanoi was!ni:xg ancl bathing facilities shall be maintained in safe and sanitary operating conditions. f. Solid waste sh:.~.! be stored, located and disposed in such a manner that it will not transmit communicable diseases, emit odors, create a nuisance, or provide a breeding place or food source for insects or rodents. (i) All containers, including movable bins, used for storage of solid waste shal! i;ave tiglnt fitting covers that are kept in place. The containers und covers shall be in good repair, leak proof and . rodent proof. (ii) Solid was~,: .,'ontaincrs. including movable bins, receiving putrescible v,'a>.'ic siaall be emptied at least once per week or more often ifnecess,'~'x to comp!y with subsection (f), above. 4(1. 16069. I AMENDED Al)RFC Omdelincs 605''t II- 13-~. ~ . I,.'dl' vt t . .(.'o ctu reel lOllS J I 28 }llld 30.01 g. The faciliLx' shall provide each resident with clean linen in good repair, including li ghtx, eight, ix arm blankets; top and bottom sheets; pillowcases: mare-ess p~,.!s: batia towels and wash cloths. The qualiD, of the linen provided shall permit changing, at a minimum, once a week or with greater frequency if nettled. h. The facility shall provide each resident with an individual bed maintained in good rco;:ir, cq~ipped xx'ith good springs and a clean mattress, and supplied l/ith pillow(s), and with bed linens as described above. Bunk beds arc nox excluded provided they otherwise meet the requirements of this Section 200. Section 201 Reserved CHAPTER 8: GOOD .,'NEIGHBOR POLICY ARTICLE !: POLICY Section 202 Good Neighbor Policy 1. The purpose of the Ccl'i!:'ication Guidelil~es is to promote safe and effective services for residents with st:!,stancc abuse issues. Neighborhood support of an alcohol or drug recovery facility enh',u:ccs thc i'acilitx's ability to meet this goal. 2 To increase the likeliht~d that the residents of the facility are able to be integrated into the community with an improx'ccl quality of life, it is required that each facility shall adopt a good neighbor poiic:.' similar Jo the one enumerated here. 3. A good neighbor polio.', must include, but would not necessarily be limited to, the policies outlined in Sections 204-2()6 of the Certification Guidelines. Section 203 Reserved ARTICLE 2: POLICY CONTENTS Section 204 Neighborhood Complaints You are in a better position il', ~:u hax c tine iqrs~ opportunity to respond to concerns. 1. Each facility shall ensu:c tim; ii~c neighboring residents are advised about whom to contact at the facility if the', hax: c,,moiaims or questions, and how to get in contact with that person. 2. Each facility shall dex'ciop a x,, ritten protocol of procedures for staff to follow when a complaint is received. /6fi69 I AMENDED ADRFC (iuidelmc.~ 6057 I !-i3-.,I , :CAll 'A ~, .,:. I' :o~rect,vl~.S I ! 28 trod 30.01 3. Each facility shall train t:~.c smlt'nlember(s) responsible for receiving complaints and questions to field coml;laints !n a positive way. 4. Ifa neighbor's complaint s legitimate, the facility shall address it with a commitment that steps will be taken immediately to prevent its happening again. Then, the facility shall review its systems aml..'or stalT to make changes or improvements as needed. Section 205 Reserved Section 206 Resets, ed CHAPTER 9: MONITORING AND REVIEW OF FACILITIES ARTICLE 1: MONITORING Section 207 Monitoring Certified Facilities 1. On site follow-up moni~o:'ip.~ of:my certified sober living facility may be conducted by the Certification Coorcli~;ator or any agency referring residents to the facility to determine continuing complia:~;zc v, itl: any of the requirements of the Certification Guidelines. Each certified sober living facility shall be inspected at least once during each period of certificati~m to insure compliance with the Certification Guidelines, and follow-up inspections si~all bc conducted as needed. 2. The purpose ofthesc insl:ccti<,ns will bc solely to determine whether the facility continues to meet tiae Cel'tifit',~tit',n (iuidelines. These inspections shall not be used as an excuse to conduct searches I't::' cvid,2nce of crime without required probable cause, warrant or consent. 3. The monitoring persolmcl may conduct a site inspection of the facility, may interview facility staff and/or residents in private, and mav review facility records, with or without advance notice, at anx rcason',fi31e time. upon presentation of proper identification, in order to de~ermine co~plia~:cc with the Certification Guidelines. The facility's staffshall cooperate with thc n:tmilo:'ing personnel and assist hirrv' her upon request. The inspection shall be conducted x.x ith due regard l'br the privacy of residents. Monitoring personnel shall not access any lilts of residents unless there is a court order permitting such access or the resident has gi yen written informed consent. 4. After comt~letioa ortho mo'.'.i!,~ri::g review, the monitoring personnel shall prepare a written report. All repol'ls sSnll Dc submitled to the Certification Coordinator and a copy provided to the facility insl,Cc:~d. /6069.1 AMENDED ADRFC (Jtll0ehnc~, 6{~57 I i.12;.,.;., ;,.:!! x,: o:,'t, col'rectums II .28 mid 30.01 Section 208 Notice of Deticiency 1. If deficiencies are identified. ~ written notice of deficiency, listing all deficiencies, shall be mailed to the facilitx"s ,.iirector or his/her designee within ten (10) working days of completion of the monitoring review. 2. The notice ofdeficiencx slmll specify: a. The section humidor o1' the Certilication Guidelines or the title and code section number t)l' caci~ statute or regulation which has been violated, if relevm~t: b. The manner in ,,x hich .'.he f'acilitx, fails to comply with the specified section of the Certification Guidelines or statute/regulation; c. Recomnlende¢[ coffee: ions; d. The date by x~ ,~:cn caci~ deficiencv shall be corrected; e. Procedure for appeal to Ihe Certification Appeals Board. 3. The facility's director or Inis."h?r designee shall respond to the notice of deficiency and prove compliance to ti~c (.'ertl I~cation Coordinmor in writing within the time specified in the notice of deficient',. Section 209 Contract Monito viu~ Nothing in this Article supersedes monitoring and review of a contract provider by the Orange County Health Care .,\,.z, cncv. or any olher County agency, pursuant to the terms of a contract between that prox idcr and tile County of Orange. Section 210 Reserved ARTICLE 2: INVESTIGATION OF COMPLAINTS Section 211 Complaint l)efined A complaint is a formal or in:'omvai negative charge or allegation regarding a violation of an applicable section of the (. crt ification Guidelines. A complaint may include, but is not limited to, the follmx lng is.sues: criminal activity, resident safety, zoning codes, staff or resident use of drugs. (;r facility' safety. Section 212 Complaints Rega,'ding ('viminal Activity All complaints about criminal ,retix'it, a; a facility shall be immediately reported to the law enforcement agency havip.,_.2 .iurisciiction whe,'e the facility is located. Section 213 Complaints Regarding Certification Guidelines 1. Any person rrlav file ~: com:~laim regarding a violation of an applicable section of the Certification G uidelincs bx contacting tine Certification Coordinator in person, by telephone, in writing, or bx :mx oib. er amomated or electronic means. 2. To the extent permitted bx I:v,x. the Ce:'tification Coordinator shall keep confidential the identity of the complai:qam, unless authorized by the complainant to disclose his/her identity. 3. If requested by thc co:nl~.laimmt, the Certification Coordinator shall notify, the complainant, in writing, of the rcsul:s of ~l~.c investigation, to the extent that such information legally naa3' be disclosed t~: a m~':nber of the public. 4. The Certification Coorclinmor shall cause to be investigated by the appropriate authority all complaints 151¢cl a,,~nst the facility or staff. The Probation Department shall investigate issues rci~,tccl t~ probationers at the facility. 5. The authority selected t(, inx cs'.igate the complaint may conduct a site inspection of the facility, may intervi cw facility staff' and/or residents in private, and may review facility records with or without ',~dvance notice, at any reasonable time, upon presentation of proper identification, in ,)fcic:' ~, determine compliance with the Certification Guidelines. The l~cilit'. '.- szai'l' xx ill cooperate with the investigator and assist him/her upon request. 'l'he inSl~C,_'~i~m .4~all be conducted with due regard for thc privacy of residents. Complain~ inx'c.stiE, att)~'< shall not access any files of residents unless there is a court order permitting such assess ,,:' tiqe resident has given written informed consent. 6. After completion ol'tl;c i:lx cs:igation? tiqo authority investigating the complaint shall prepare a x,,'ri~en relw~r',. Al! ~'cports shall be submitted to the Certification Coordinator. The comp'.zt::nt inv.,'stigation is complete when all evidence has been inspected and all wimesses wht, i::~x'c i~:l'ormatJo~, relevant to the allegations have been interviewed. Section 214 Notice of Deficiency 1. Ifa complaint investigati~m d:scloses deficiencies, a written notice of deficiency, listing all deficiencies, s!xali bc ~:ai!ed to thc facility's director or his/her designee within five (5) working days t:!' completion of the investigation. The notice of deficiencx a. Thc section nt:n:l,'..'r ,',(d]c Certification Guidelines or title and code section number {~' c:~c}: >mtute o:' regulation that has been violated, if rel ex, an t; 44. 16069.1 AMENDEi) ADRFC Gu~dchnc', 6~;57 I I-I 3-~1 :. ',.',,r x, ,,t . corrczmm, I I 28 and 30 01 b. The manner in xx hich the facility fails to comply with the specified Guidelines or statute,' regu lali~,n: c. Recommende¢! corrections; d. The date by x,,!~i,zh each deficiency shall be corrected; e. The procedure I't>r apl:cal to the Certification Appeals Board. 3. The facility's director or lnis.'i~er designee shall respond to the notice of deficiency and prove compliance to !i~c Ccrti fication Coordinator in writing within the time specified in the notice ol'deficicncy'. Section 215 Emergency If the Certification Coordinmor or [t~:',' of its allied agencies determines that there is an emergency situation tha~ .jeopard!/.es t l~ public sa fety and/or the safety of the facility's residents, the Certification C'oorcti~n~tor shall recommend to referring County agencies and the Superior Court that rcl'errals to the facility' be suspended immediately pending Further investigation. Exampl='s: ('),,~ ncr/Director of a program using drugs, sexual harassment of residents or criminal ac'~ix'ity at tlne facility. Section 216 Reserved ARTICLE 3: COI,~RE('TIVE ACTION PLANS Section 217 Deficiency A "deficiency" means a Failure to COl~ll'),}y witla tile Certification Guidelines or applicable laws. A detSciencv may b,: :t cause for a denial of certification or notice of sanction. Section 218 Corrective Action Plan 1. When a facility is sent :', notice ct'deficiency.', the director of the facility shall submit to the Certification Coordi nato" written verification of correction for each deficiency that is identified i~: tile notice off ti~'ficienc3. Tile written verification shall substantiate that the deficiencx inas been corrected ant! specie' the date when the deficiency was corrected. The written x'erifica~io~ sl'~l! I've postmarked no later than the date specified in the notice of deficiency. 2. If the facility cqnnot correct a del'icienc.x.' by the date specified in the notice of deficiency, the director sinall subn~i~ a x,, ri'.tcn corrective action plan to the Certification Coordinator. The written corrcctix.'e :~ction Dian shall be postrnarked no later than the date specified in the notice off det'iciencv. 3. The written corrective action plan shall: a. Specify the steps already taken and to be taken in the future to correct the deficiency: b. Specify a date when thc deficiency will be corrected. consider: In reviewing thc correc:ive action plan. the Certification Coordinator shall a. Potential hazards presented by the deficiency; b. Number of residents in:Dacted; c. Whether the documentation submitted by the director demonstrates that the deficiency will be timely corrected. 5. Within fifteen t l 5) days of receipt of thc written verification and/or corrective action plan, the Certification Coordi nator shall notit3' the director in writing, by first class mail, whether the written yeti fication alad.'or corrective action plan has been approved. Section 219 Follow-up Review to \.'erifv Correction of Deficiency I. The Certification Coov,!inat(,:'. C)]'angc County Health Care Agency, Probation Department and.,ov appropriate I(~cal jurisdictions may conduct follow-up reviews to determine if the i'acilitx has con'cc:,cd all deficiencies specified in the notice of deficiency. 2. Ifa follow-up review indicatc's thai a deficiency has not been corrected on or before the date specified in :he notice o',' del5ciencv or subsequently approved corrective action plan, the (..'crlilScation Coot.l ina!or shall impose a sanction pursuant to Sections 221~227 of the Cci'ti fication ()uidci ~nes. Section 220 Reserved ARTICLE 4: SANCTIONS Section 221 Sanctions Defined A sanction is a disciplinary, action taken by ~lae Certification Coordinator that is designed to secure enforcement of the Cex'ti fication Guidelines by imposing a penalty for a violation of the Guidelines. 46. /6069.1 AMENDED ADRF(' Guidehncs ¢~!~7 II-13-1il L'ican xx t. ,,/.'o eon'ccitt,is Il .28 and 30.01 Section 222 Purposes of Sanctions I. The purposes of imposing sanctions are: a. To protecl lhe safety oi'the community and the residents. b. To assisl thc certified l'acilitx in maintaining a quality level of continuing cm'c and service. 2. All sanctions imposed shall bc handled on an individual basis. Section 223 Types of Sanctions 1. The Certification ('oordinamr may impose sanctions for a violation of the Certification Guidelines. Thc sanctions max !nclude any one or more of the following: a. Counseling: A verbal reprimand and recommendations to the facility director of possible remedies that the facility might explore. Corrective action bx' thc prox. i~ler is expected. b. Letter o1' Rcl'n'imand: Ibis docunlcnt places the facility on notice that the violation x.x ill be m£:clc a permane,~t part of the facility's file with the Certification Coorclinato'.'. This is an offense, which if it continues, ma5' result in inq, osition of mt,re severe sanctions. This letter should contain a descri plion of thc l:r,'blem and recommended corrective action with an expec~ccl date t>l"COmlqetion. c. Suspen.sion o1' (.'ertl I'ic:~tion: A disciplinary action taken by the Certification ('(~ordinmor tt, suspend certificatiol'~. A suspension is for a specific perk),! of time. Exce?i as required by law or contractual obligations or as r~crmitted bx the Cer~il'ication Guidelines, County personnel shall cease rei'el'rin,.2 individuals to a facility from which certification hz..s been suspcncicd..-'M ti~cir option, or. if applicable, at the discretion of the Superior (,',~tt:'t. the Probation Department or the Parole Board, residents who xx crc :'cs:cling at t!~.¢ Pacility prior to the suspension may remain and complete their programs. d. Revocation of Certification: A clisciplinary action that is imposed by the Certification Cot:rdinat{~r to revoke certification ora facility. Revocation o I' ccrtification is i'.:dcfini~c. Except in emergency situations, a revocation wi 11 not become cl'(cctive until the time for the facility to appeal has elapsed, t)r il' thc I'~cilitv appeals, until the revocation is upheld by the Certification Appeals B,mrd. To the extent it is clinically appropriate, a!; Cotmtx' rel'crr~is shall bc asked to move from a facility from which certification ha~, bc,.'n revoked and will be placed in certified facilities. E×ccpt as required !-,v lax,x or contractual obligations or as permitted by ~i~c Ccrtificati,,ta ~ iuidciincs. County personnel shall cease 47. /6069.1 AMENDED ADRFC Guidelines t,~57 I [-I .;-0': :.'lcan xx t .,Co cmrect,m:, I 1.28 and 30.01 referring individuals to a fi~ciJily from which certification has been revoked. Section 224 Right to Appeal Sanction~ A facility has a right ~o appeal any sanction that is imposed on it. When imposing sanctions consisting of aleuc:' of reprimand..~uspension of certification or revocation of certification, the Certificafio,.'. Coordinator shall advise thc facility of the procedures for appeal. Section 225 Failure to Cor,'ect Deficiencies fi)r which Sanctions Imposed Failure to correct deficiencies Ibr whicla sanctions were imposed mav result in the imposition of more severe sanctions. Section 226 Notice to Interested Parties If a facility's certification is suspel~clcd or revoked, the Certification Coordinator shall give written notice of ti~c sanction to thc District A~torney, the Orange County Superior Court, the Probatiot: Department. thc Orange County Health Care Agency, the Parole Board and other intcrcstec! ('ountv a?mies axqcl tO the city where the facility is located. Section 227 Reserved CHAPTER 10: APPEAL AND HEARING ARTICLE 1: RIGItT T() APPEAL DENIAL OF CERTIFICATION OR IMPOSITION OF SANCTIONS Section 228 Facility Right To Apl)cai 1. Ifa facility has bccn denied cc:'tilication, and the request for reconsideration has been denied, tl'.e director ,,f the I'acilitv may file an appeal to the Certification Appeals Board at the District Attorney's Office. All appeals shall be forwarded through the Certification Coordinator to thc Certification Appeals Board. 2. Ifa sanction ctmsisting of a Icl:ct o~'rel','imand, suspension of certification or revocation of certification i:a.s bccn impo.~cd on a faciiity, the director may file an appeal to the Orange Countx [)istrict Attornc'. 's Ccrtification Appeals Board. A prior request for reconsideration to :he ('ertificatio:. Coordinator is not available for an imposition of a sanction. Al', appeals will bz I'orxx ardcd through the Certification Coordinator to the Certificati,,m ..:\ppeals Board. /6069.1 AMENDED ADRFC Gul¢lehncs (,:,<' I i-I '~-01 C[mm xx t. ,,(. o conect:on, I 1.28 and 30.01 Section 229 Staff Righl To Appeal 1. A staff member or prospective staff' member of a facility whose qualifications or lack thereof Ix~x'c been deterlnined to disqualify the facility from certification, and whose request to the Certificatiol~ Coordinator for reconsideration has been denied, ma)' file an appeal ~o the Certification .-\ppeals Board. 2. Ifa sanction consisting ora letter o1' reprimand, suspension of certification or revocation of termination has been impose6 on a facility as a result of the qualifications or lack thereo 1' o f ~.t staff member, the starT member and/or the facility's director and head of adrninistratix e staff may file an appeal to the Certification Appeals Board. (There is no request fi~:' reconsideration by the Certification Coordinator available for an imposition ora sanction. ) Section 230 Reserved ARTICLE 2: CERTIFICATION APPEALS BOARD Section 231 Certification Appeals Board The Certification Api,'cals Board shall bc the aciministrative responsibility of the Orange County District Attorncx"s Office. Thc District Attorney's Office will conduct all appeal hearings before thc ('cr.:ification Appeals Board. Section 232 Board Metal, el'ship 1. The Certification ..\l;peals Boa~'cl shall consist offive (5) members designated by their respectix ~' m'ganizations, as folloxx s: a. One l"onncr employee or director of a sober living facility, who is not currently affiliated with a sobcr lix'il~.g f'acilitv. b. One c:l..'rcn~ or retiredc.,x';' · manaacr~ or assistant city manager. c. One CU:l'Cnt or retired deputy probation officer or police officer. d. One current or retired deputy public defender. e. One member who is em~lox.'ed by the Orange Count)' Health Care Agency'. Beiaa','ioral I [ealth Se:'viccs. 2. The member., v, hall he nomina',cd and a?pointed in accordance with rules of the Board of Supervisors to bc filed with tl:c Clerk of the Board. 3. The term of each member shall be three years. The members shall serve staggered terms so that no more fl'.an three members' terms will lapse in the same 3,ear. 49 /6069.1 AMENDED A.DRFC Guidehnes t,.? '. I- I.',-01 Clean w C.~:,'o corn.'ction~ II 28 and 30.01 4. A vacancy 5i~a[l c×ist and shall be reported to the Board of Supervisors or its designee whenever a menaber f:-',ils to attend more than lhree consecutive meetings of the Certification Appeals Board xx ithout good cause. Section 233 Duties of the Certification Appeals Board 1. It shall be ~.l'~e ['ur~cliOl't ofthe Certification ,Appeals Board, upon request, to review the decisions of the Certification Coordiaator when there is an appeal filed for a denial of certification and,'or the imposition of sanctions. 2. The Certificmion Apl~eals Board shall meet at least once a 5'ear and shall appoint a chairperson at its first n:ccting each year. Section 234 Filing A p pea Is l. The director ol'a lktcility whose application for certification has been denied or thai is being sanctioned, and when appiicabic, a staff member or prospective staff member ora facility on whoso qualifications or lack thereof the denial or sanction is based, may file an appeal in ',x ri~i~'.g of the denial of cord fication or sanction. No particular form is required. 'lhe appeal must bc received within ten (10) days from the date the notice of denial of certification or imposition of sanction is received. 2. The appeal should be addressed to: Orange Coullty Sheriff/Certification Coordinator, Adult Alcohol and 13:'ugs Sober l.iving l-'acilities Certification Program, North Justice Center, 1 '> :'. · _7_ North I:~erkele)', l-'u!icrton. California 92832 (Telephone: (714) 773-4520). 3. The Certification ('oordinator shall !'o:'xx ard flue appeal and all supporting documentation to the Certilication Appeals Boa:'d via the District Attorney's Office. Section 235 Procedures for Hearing Befo,'c the Certitication Appeals Board l. If an appea=, i> timc!v filed, the District ..-Mtornev's Office shall schedule a hearing before the Certification ..\ppeals Hearing 13oard within thirty (30) days, but no sooner than ten (10) days after thc appeal was Iiled 1,5' the facility or staff member. 2. The District .,\tmrncv's Office shal! prox'ide the facility and/or staff member with written notice of thc hearing, gix'in,.2 tile time, date. and location of the hearing. 3. During tiao iqc'aring, the faciliw .and or staff member shall be given the opportunity to present evidence including, but no'. limited to. sworn testimony, sworn affidavits, and documentary ex idcuce. 50. /6069.1 AMENDED ADRFC Guidcim:> ~;57 I ,-13-01 Clean w Cot ,' omccm,,b II 28 and 30.01 4. The Dislrict Attorney ar~d:'or thc ('crtiiication Coordinator may also present evidence as noted abt)ve. 5. At the close o1' th~' hearing, the Ccrti ficalion Appeals Board may uphold or overturn the decision to deny cer~i fication or uphold, set aside, or modify the sanctions, as applicable. The Board members shall make their inclividual decisions based upon a preponderance of the evidence presented at the hearing. 6. A majority vote of tile Board metal-ers present determines the result. There must be a minimum of three members votinu. 7. Within five (51 calendar days after tile hearing, the Certification Appeals Board shall issue and transmit to :he facility and'or staff member a written decision sustaining, reversing, or m6ctil\'in~ the Certification Coordinator' s decision. 8. The Certificamm ..\ppeals Board's decision shall be the final administrative determinalion. Section 236 Reserved 51. /6069 I AMENDED ADRFC Gtndchnc, :,1:57: '..' .;-01 Clean w (.'t~ ,= c~,r;ccm.n- ! I 28 and 30.01 RESOI,UT1ON OF THE CITY COUNCIL OF THE CITY OF [FILLIN NAME] On motion of [tilt in name], duly seconded and carried, the following Resolution was adopted: WHEREAS, in 2000, the Orange County Board of Supervisors directed the Orange County Sheriff-Coroner Department to form a committee that included the Orange County Probation Department, the District Attorney, the Public Defender, the Orange County Health Care Agency, the State Parole Board, the Courts, representatives of Orange CounLv cities, and a wide spectrum of community providers, in order to develop a process for certifying and monitoring adult residential drug and alcohol facilities throughout the County of Orange; WHEREAS, the Sober Living Coalition and the Orange County Addiction Treatment Provider Association later added representatives to the committee, and a community representative was designated by the Board of Super¥isors in August 2001; WHEREAS, the results of this collaborative effort are an Ordinance of the County of Orange, California, Amending Division 6, Article 1 of Title V, Sections 5-6-1 to 5-6-4 to Authorize VoluntaD' Certification of Sober Living Facilities ('~the Amended Ordinance"), which was adopted by the Board of Supervisors on [fill in date], and the Orange Count>' Adult Alcohol and Drug Sober Living Facilities Certification Guidelines ("lhe Guidelines"), which were approved and adopted by the Board of Supervisors on trill in date]; WHEREAS, the Amended Ordinance and the Guidelines will promote the welfare of City and Count).' residents by establishing a voluntary Countywide program enabling the County to monitor sober living facilities to which County personnel refer persons recovering from alcohol or drug abuse or addiction; Sheriff2001:6068 CiD' Reso. Sober Living