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Home My WebLink AboutCC RES 02-07 () 10 I: i~,', "4 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, 9 ',0 Il 13 14 15 lb' 19 2(; 2'. 22 2.'? 24 25 26 2- 2S 2~) Resolution No. 02-07 Page 2 fumishings 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 veri~ing correction of deficiencies, as provided in the Guidelines. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 4th day of February, 2002. P'-A""M~E LA STOKER City Clerk JEI~C'R~/I(¢I. THOMAS Mayor 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 Al)RFC Guidelines 6057 ! 1-13-01 Clean w CoCo correcuons I 1.28 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 1: 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 CERTIFICATION REQUIREMENTS ......................... 14 GENEIL~L REQUIREMENTS .............................................................. 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 I i-13-01 Clean w CoCo corrections 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 CHAPTER 5: ARTICLE 1: Section 153 Section 154 ARTICLE 2: TABLE OF CONTENTS PAGE NO. Staff Required to Submit 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 Disqualif3'ing 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 I1!. !6069.1 AMENDED ADRFC Guideiines 6057 I1-13-01 Clem~ w CoCo corrections 11.28 and 30.01 Section 155 Section 156 CHAPTER ARTICLE 1: Section 157 Section 158 Section 159 ART1CLE 2: Section 160 Section 161 Section 162 Section 163 Section 164 ARTICLE 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 i 78 TABLE OF CONTENTS PAGE NO. Intake Procedures .................................................................................... 25 Reserved. "' 6: 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 '9 Criminal Activity . ........................................................................... 8 Residents' Court Orders and Treatment Plans ........................................ 28 Participation in Recovery 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 INTEtL&CTION OF RESIDENTS ......................................................... 32 Single Gender Facilities .......................................................................... 32 Co-ed Facilities ....................................................................................... 32 Reserved .................................................................................................. 32 i6069.1 AMENDED ADRFC Guid¢imes 6057 I 1-13-0: Clean ~ CoCo corrections 11.28 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 InJOut 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' FUNDS ........................................................................... 36 Co-mingling Funds ................................................................................. 36 General Assistance .................................................................................. 36 Reserved .................................................................................................. 36 FOOD SERVICE .................................................................................... 36 Food Service ........................................................................................... 36 Reserved .................................................................................................. 36 RESIDENTS' FILES .............................................................................. 36 Maintenance o£ Residents' Files ............................................................. 36 Contents of Individual Residents' Files .................................................. 37 Reserved .................................................................................................. 38 ,'6069.1 AMENDED ADRFC Ouiddin~s 6(;57 ! 1-13-01 Clean ~ CoCo correcuons ! !.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 ARTICLE 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 ' ,' ' Actlx it3 ............................................... 40 Complaints Regarding Certification Guidelines ..................................... 44 Notice of Deficiency. .............................................................................. 44 Emergency. ............................................................................................. 45 Reserved .................................................................................................. 45 Vi. /6069 1 AMENDED ADRFC Guldehnes 6057 I 1-13-01 Ciean w CoCo con-ecuons 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 AKTICLF 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 Parties ..................................................................... 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 .&MENDED ADRFC Guidelines 6057 ii-13-01 Clean a CoCo corrections I I 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 designed for and dedicated to providing drug individuals with alcohol and drug addictions. operated in Orange County without a method quality environments for recovery or provide desirability of"home" type facilities and alcohol free environments to To date, certain of these facilities have of ensuring that these facilities 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 are 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 Ordinm~ces. Section 101 Purpose The sole purpose of the Certification Program are to provide access to quali~.' residential facilities for persons in need of drug- and alcohol-free recovery environments, and to promote public safety. /6060 I ~,MENDED ADRFC Guidelines 605? I 1-13-0~ Clem' x~ CoCo co,',rection5 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 fac/liD' 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 PROGIL~.M -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 5-6-1 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. COL;..~'SEI.OR CERTIFYING 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 C/can w CoCo corr, eztions 11.28 and 30.01 Counselor certifying organizations include, but are not limited to, the California Association of Alcohol and Drug Counselors (CADA. AC) and organizations providing certification as a Certified Addiction Specialist (CAS). Local community college, certification programs are also accepted counselor certi~'ing organizations. 9. CONVICTION - A final judgment or a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere. 10. COU.n',ITY REFERRAL - A person directed to a sober living facility by the Probation Department, the Orange Count3' Health Care Agency or another agency of the County of Orange for continued recovery 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 - Any 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 recoveD' 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 ADMINIS'FR_A~TIVE 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 employed by, or volunteering for, the facility, and for approving all progress reports about residents' recovery that are provided to courts, counts' or city agencies, or other providers of recovery services. He/she is responsible for overall management of the facility. 15. FACILITY - Depending on context, a sober living faciliw 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 11:00 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 operation 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. t6069.1 AMENDED ADRFC Guidelines 5057 I 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 pm'ole, or, at the request of and with the consent ora 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 faciliLv. Hospitals are not included in this category. Facilities covered by the Certification Guidelines are residential facilities. 24. REVOCATION 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. Excep~ as required by law or contractual obligations or as permitted by' the Certification Guidelines, Count>' personnel shall cease referring individuals to a facility from which certification has been revoked. 25. SECTION 200 RE\;IEW- A written determination from the applicable local jurisdiction, made fbllowing an inspection of a facility by the local jurisdiction, that the facility is in compliance with 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 from alcohol or drug addictions. These facilities may also be known as Transitional LMng Environments. No drug or alcohol /6069.1 AMENDED ADRFC Guidelines 605: Il-13-01 C%an w CoCo corrections I1.28 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. Count.',, 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 in--nsc to the adoption of the Certification Program. During the period until~ 2002, it is anticipated that there will not be sufficient certified facilities to meet the demand for placement in said facilities. 2. Effective on ~, and except as otherwise provided in the Certification Guidelines or as required bv 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 for 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 County 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 ADRFC Guidelines 6057 II-13-01 Clean w CoCo ."-orrezllons I1 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 Count)' 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? An3: adult or firm, partnership, association, corporation or governmental entity may apply for certification. Strict nondiscrimination rules applicable to government 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 i 773-4. 520). Completed applications for certification should be submitted to the Certification Coordinator. /6069.1 AMENDED ADRFC Ouideimcs 6057 il-;3-1.11 Cl."un ~ CoCo ;.orr:orions ii .2[ and 30.0i 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 roles 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 forms provided to residents amd potential residents, including blank copies of all forms that residents or potential residents are required to complete and/or sign. 4. The facility's staff information (Section 132 of the Certification Guidelines). 5. The facility's resident selection criteria (Section 153 of the Certification Guidelines). 6. The facility's pol;.cy for ahernative referral (Section 153 of the Certification Guidelines). Guidelines). o The facility'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). /6069.1 AMENDED ADRFC Guideline.~ 6057 I 1-13-01 Clean w CoCe corrections I1.28 and 30 01 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 services 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 Count3' Sheriff Department for the purpose of conducting a background check. For those staff xvho submit to volunta~' 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 will not be deemed complete until the Section 200 Review is submitted. Fees for this inspection will be paid bx.' the facility. Ail 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) day period, County personnel will conduct the inspection, for a fee. and submit the results to the Certification Coordinator. !5. 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 Count)' 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 violmion 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 Services. CEO/Risk Management Sen'ices' current insurance requirements will be made available with the application for certification. a. The Certification Coordinator will noti~' the facility when it appears that all other aspects of the application are in order and the application for certification will be granted, so that the applicant may obtain amendmems of its insurance policies to 'include Orange County as i6069.1 AMENDED ADRFC Gmdehnes 60? il- !3-01 Clean w CoCo corrections I I 28 and 30 01 an additional insured and to include such additional policy language as is specified by CEO/Risk Management Sen, ices. 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 Sera, ices. 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 determine completeness and compliance ~Sth the Certification Guidelines; b. Verify the information provided bv the facility about its personnel with information obtained by the check through the Department of Justice, as specified in Section 133; c. Verify 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 o:' 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 of a 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, noti~' the facility 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, noti~' the facility in writing of the deficiencies, in accordance with Section 208 of the Certificmion 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 Withdraw'al of Application 1. 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 deny any application for certification. Section 115 Pending Certification A facility may request to 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 resuks of its Section 200 Review by its local jurisdiction. The local jurisdiction shall have thirty (30) days to complete the required Section 200 Review. 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) da)' period, County personnel will conduct the inspection, for a fee, and submit the results to the Certification Coordinator. 10. /6069.1 AMENDED ADRFC Guidelines 6~57 II-;3-0~ C'iean w CoCo ."orr.'cuons I !.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 effectix'e for a one-year period and shall expire automatically on the armiversary of the date of issuance of the Certificate of Compliance, unless the certification cartier 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 m~.x.' part ot'the facility; 3. Change the personnel responsible for management of the facility, ,adthout completing the steps outlined in Sections !45-148 of the Certification Guidelines; 11. .,'6069 I AMENDED ADRFC Gmdclines 60? ~1-!3-111 Clean w CoCo ¢orrcctmus 11.28 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 faciiitv is owned and operated by a sole proprietor); or 7. Actually or constructive!y' abandon the facility 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 Complim~ce, 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 w/thin thirty (30) days an)' information described in Section 112 of the Certification Guidelines that has changed during the certification period. .,-." 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 renewed. Section 122 Reserved ARTICLE 5: DENIAL OF CERTIFICATION Section 123 Grounds for Denial of Certification The Certification Coordinator may, 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; ]'3 ;6069.1 AMENDED ADRFC Guideli~:es 6057 [ :-13-01 .'.'lean x~ CoCo cn:Tecnons I 1.28 and 30.01 3. The facility, provided false, misleading or incomplete information to the Certification Coordinator. Section 124 Facili~' Notice and Advisement of Right to Reconsideration If the Certification Coordinator denies certification, a written notice shall be sent to the applicant by first class mail. The notice shall: l. Explain the reasons for denial; 2. Detail the correction(s) required to bring the facility into compliance v,4th the Certification Guidelines; 3. Advise the facility of the rights to reconsideration and appeal in accordance with the Certification Guidelines. Section 125 Resem, ed ARTICLE 6: RECONSIDERATION Section 126 Procedure for Reconsideration 1. A facility that has been denied certification may file a request for reconsideration xvith 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 of hearing on the facility, no later than ten (10) calendar days 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 modify'lng his/her earlier decision. 7. The decision by the Certification Coordinator after the hearing shall be final unless the facility or, if applicable, a member of its staff, files an appeal to the 13. /6,069 I AMENI)EI) A. DRFC Guidelines 6C57 I I-i3-01 Clean ,~' CoCo corrections II .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 recoveryr treatment 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 Reserved 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, tile 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 following information about the staff of the facility: 14. /6069.1 AMENDED ADRFC Guidehnes 6057 I 1-!3411 Clean w CoCo ¢o~ections II 28 and 30.01 1. A list of all staffpositions, paid or volunteer, and a clear description of the duties of each position. volunteer: The following information about each staff member, whether paid or Co eo any. Full name, and anv other names used previously or currently; Current residence address and phone number; Date of birth; Social Security 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 Cheek 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. _,.'~ 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' from the Department of Justice to the Certification Coordinator. Section 134 Falsifying Information 1. No staff,ember of a facility.' shall falsify information on his/her application for employment or on an application for certification of a facility. 2. Falsi~'ing information may include but is not necessarily limited to the following: falsif.ving 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. 16069.1 AMENDED ADRFC Guidehnes 6057 I I-i3-0i Clean w CoCo corr. cctmns 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 CounB' AuthoriD' 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 LMng 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)(10) and 13300(b)(10) and sets forth the types of crimina! history that disqualify individuals from holding specified positions at certified facilities. Section 136 Reser~,ed ARTICLE 2: STAFF QUALIFICATIONS AND DUTIES Section 137 Prior Employment History of Improper Conduct No staff member, paid or volunteer, ora facility shall have a prior employment histoD' of any of the following improper conduct: 1. Forging or falsi~'ing documents to a court, referring agencies or an alcohol or drug recovery facility'; Sexual assault or sexual harassment 3. Inappropriate behavior with star.." or residents at another alcohol and drug recovery facility' that resulted in termination or resignation from that facility. Inappropriate behavior shall include, but is not limited, to the following: a. Phy'sical assault: b. Embezzlement or other theft related conduct; c. Falsify, lng a drug test: Selling or furnishing illegal drugs; e. Selling or £urnisl:ing alcoiaol to a resident; or f. Entering into a financial agreement, venture or proposition with a resident unless previousiy approved by' the director of the facility. 16. /6069.! AMENDED ADRFC Gmdeiines 6~57 I 1-134;I Clean '^ CoCo correctmns I 1.28 and 30 OI Section 138 Paid Staff- Qualifications 1. Prior to certification of a fhcitity, all paid staff'shall pass an Orange Count'),' criminal justice background check conducted bv the Orange Count.',' 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. i. 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 panicipates in the criminal activities ora prison gang and/or criminal su'ee~ gang. as defined in Penal Code section 186.22(0. 2. No certified Facility shall employ a person if that person has not passed a criminal back~ound check by the Orange County SherifFs Department using the criteria set forth in subsection 1 of Section 138 of the G,tidelines. 3. Individu'al exceptions to staff qualifications set forth in Section 138, subsection I a.(iii) may be requested if~he facility deems the decision will benefit the program. Requests for exceptions shall be submitted in writing, include appropriate justification of request, and must be approved b,x.' the Certification Coordinator in advance of employment. Section 139 Director-Duties and Qualifications 1. A facility shall employ one or tnore 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 performing any of the duties meets the minimum requirements set forth in the Certification Guidelines for the position. In smaller facilities, the direclor also may perfo:'m ti~e duties of other positions, as long as he/she has adequate time during assigned work inou,,'s to perform the duties of director and all his.ther other duties, and as iop,, as i~e'si~e meets the reouirements of the Certification Guidelines for all the pasitions lne:she iaolds. 17. ,'6069.! AMENDED ADRFC Gmdelines 60? I 1-13-1}1 L'lctm x~ L'c~. c, coriectmns II 28 and 30 0l 2. Education and Experience: The director shall have education, training and/or experience quali~,ing 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 tine requirements set out in Section 138 of the Certification Guideiines. b. in addition, no I~acilitv 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 of a 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, tlne Probation Department, the Parole Board, or the Certification Coordinator. The Certification Coordinator shall provide notice of such required meetings and training. 5. Sobriety: -l'he director, il' he or she is a former drug or alcohol abuser, should have a minimum of two years o!' sobriety, and slnould 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 tine minimtm~ requirements for house manager set forth in the Certification Guidelines. /6069.1 AMENDED ADRFC Guidelines 605' I I-13-~; t,.'ic,tn ~ C oCt, 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 for the position in Section !03 of the Certification Guidelines. b. A house manager shal! not approve progress reports. c. The house manager may administer drug and alcohol tests to the residents, to the extem permitted by law. 5. Criminal Histou': 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 lbrmal probation supervision on the date of the facility's application for certification or the house manager's employmem by the facility, whichever is later. 6. Sobriety: If a house manager is a fom~er drug or alcohol abuser, he/she should have a minimum of one year of sobriety 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 peer 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. Notwithstanding the foregoing, in 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' i:ave a designated resident who assists the house manager, and who may peri'otto the duties listed in Section 103 for a Peer Coordinator. 19. /6069.1 AMENDED ADRFC Guidelines 6057 II-13-(~I Clean x~ £'oL'o corrections II .28 and 30.01 b. The peer coordinator slnall not supervise or provide referral information, counseling or treatment to residents. c. The peer coordina',or 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 faciiity shall be certified if, on the date of the facility's application ibr 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 no', be disqualified from certification on account of ils peer coordinator's being under probation or parole supervision solely for a non-violent offEnse(s), i!' the peer coordinator otherwise 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 recover>'. Section 142 Subsequent Cri~ninal Activity or Convictions of Disqualifying Offenses Certification previously grm~ted .:o a sober living facility shall be revoked and a pending application for certification shall be denied ii': .1. a. Any of the paid stai'f of a sober living facility or a peer coordinator are convicted, xx hi ie thc application is pending or during the period of certi'..'~cal ic,,n, of any offense that would have disqualified the facility f.'.'om certification if the conviction had occurred earlier; or 20. ;6069 I AMENDED ADRFC Gtndchnes 6057 II-I.'--0: ':.'[c:m ~ (.',,Zo co.wczuons i 1.28 and 30.01 b. It is discovered that any ofthe paid staffofthe facility is required to register as a sex of'fender pursuant to Penal Code section 290 or currently participates in the criminal activity of a prison gang and/or criminal street gang, tls 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 of Stall' Added After Certification 1. At a minimum, within three (3) worldng 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 C.;ertification Guidelines. The Sheriff's Department thereupon will conduct z~ background check within two (2) business days. If within the two (2) business days period, thc background check is not completed, the employee may begin work at the facility, sub. iect 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 Guidelines 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 i')irector and House Manager In order to be assured that a Ihcilitv continues to meet certification standards for the safety of residents, staff, and the co:nmunity, a permanent director or house manager shall be replaced as soon as possible, but no later than: Director- Sixty (60) days from the dam the position becomes vacant. House Manager- Thirty (30) day's :'rom the date the position becomes vacant. Section 147 Appointment of Acting Director or House Manager In order to be assured that a facility coatinues to meet certification standards for the safety of residents, staff, facility and tiae :ommunity, an acting director and acting house manager shall be appointed no later tiaan the following: 21. /6069.1 AMENDED ADRFC Guidelines 6057 II-I 3-0; Clean xx C,~Co corrections I 1.21t and 30.01 1. .An acting director shall be appointed as soon as possible, but no later than 72 hours after the departure of the preceding cSirector. The acting director shall qualify under the standards of the Certification Guidelines. 2. An acting house manager shali 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 Resem'ed ARTICLE 4: DENIAL OF CERTIFICATION DUE TO STAFF Section 149 Denial of Certification Due to Lack of Staff Qualifications The Certification Coordinator shall deny certification to a facility if: 1. Review of its staffing or s:affs qualifications indicates that the facility is not in compliance ~vith Sections 133-144 of' the Certification Guidelines. 2. The facility fails to remedy eacia deficiency identified in the written notice of deficiency. 3. The faciiity 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 firs~ send a written no:ice to both the facility and the staff member by first class mail. The notice shall: 1. Explain thc reasons tbr disqualification: 2. If the reason for disqualification is subject to correction, detail the correction required to the particular no:]comohance specified in the notice; 3. Specie' a time period fo:' compliance; 4. Advise tile facility and :he staff member of tile right to reconsideration and appeal in accordance with the Certification Guidelines. /6069.1 AMENDED ADRFC Gmdeiines 605': II-13-01 ~,.'icm: a. C't~C'c correcnons I 1.28 and 30 01 Section 151 Staff Procedure for Reconsideration 1. A facility or a staff member or prospective staff member of a facility whose qualifications have been determined to disqualif3' 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 (i 5) 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 days 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 the Certification Coordinator, the facility and the staff member shall be given an opportunity to present witnesses and documentar3,, 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 the facility and the staff member a written decision sustaining, reversing, or modit~'ing 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 Resem'ed 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 iiving facility shall have and adhe:'e to written criteria 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. I AMENDED ADRFC Guidelines 6057 I I-I 3411 Clean w CeCo corrections I 1.28 and 30.01 Resident Selection Criteria shall include: 1. 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 siaall 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 ot' 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 preference, and shall adhere to all applicable federal and state laws and regulations related to nondisc,'imination. 4. The 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 the facility's rules. Such ~,crsons include those who otherwise qualify for admission and who are living with Human Immunodeficiency Virus (HIV) disease, as well as persons ~vith 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, accessibiii'..~ of the facility, and participation in the facility's services, programs and activities, 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 An:ericans with Disabilities Act of 1990 (42 U.S.C. § 12101 el seq. as amended) as may bc applicaiqe. 6. Before admission to '.hr' facility, the t-hciiity shall require potential residents who show signs of an5' communicable disease, or who, through medical disclosure during the intaic 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 reside:,.t is denied admission into a facility', the facility shall have a written policy for alternative referral and shall provide a copy of thru policy to the prospective residem who is denied admission. Section 154 Reserved 24. /60.69.1 AMENDED ADRFC Guidehnes 6057 I I-i3-~ Ci:an w CoCo :t~rmct,on.~ I I 28 and 30.01 ARTICLE 2: INTAKE Section 155 Intake Proced u res 1. The facility shall have a written intake 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 u'eatmem 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. Identify and docun:ent in the new resident's file any prescribed medication used by resident; d. Provide the new resident with a copy of the facility's rules for residents; e. Have the new resident sign all consent tbrms and confidentiality waivers required by ti~e facility and his/her referring agencies or the Superior Court, and place such signed forms in the resident's file; f. Ali court referrals and residems referred by the Probation Department or the Parole Bom'd, who have not already done so, shall sign a waiver of ¢onficlentiali~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 o1' in formation about the resident to whichever of the courts, the Probation Deparu'nent 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 sha}l maintain, and have available for inspection, a Policy and Procedures Manual. 25. /6069.1 AMENDED ADRFC Guidehn~s 60? 11-1.',-01 Cica:'. w CoL t, c:m~lmns I 1.28 and 30.01 2. Each staff member shall be familiar 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 roi' all staff positions; b. Drug testing procedures and requirements; c. Staff discharge procedures; d. A procedure ~o immediately notify ti~e 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 staffand residents; b. A prohibi'.ion against unlawful 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 ,'egula',ions. This prohibition shall extend to all of the following: employment, upgrade, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation, and selection for 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 federal and state laws and regulations. d. Drug free work place poiicy, including procedures for compliance with me California Drug Free Work P,,,.~ Act. Goverrm~ent Code sections 8350-8~57. 26. /6069.! AI~IENDED ADRFC Gu~dehnes 6057; 1-13-01 ('lcan a CoUo ct:nccm'.ns 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 facility. specifies. 4. Prescription Medications: A m'ohibition against the inappropriate use of prescribed medications on the facility.' premises, as described in Section 167 of the 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 xvith access to residents' files must have a legitimate need for such access as part of performing their duties at the facilitv. 7. Policies to suppor': 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 staff with fi~e recovery community through appropriate activities such as drug and alcohol fl'ce social events and recovery-oriented services and events. d. Recommendations about providing residents opportunities to acquire life skills for sobriety, crime free 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 !6069. I AMENDED ADRFC Gmdelines 6057 i I-i3-21 C;can x~ CoCo cone¢liuns II .28 and 30.01 ARTICLE 2: RESIDENTS' ACTIVITIES Section 160 Staff Presence and Availability 1. At each facility, a person or persons performing the duties of director md/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 the facility, a responsibie member of the facility's staff shall be on call to respond to the facility within twenty (20) minutes of being summoned. The phone number that the certification coordinator can call to summon a staff member lo 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 shali designate and post the hours that individual staff members will be on site. Section 161 Criminal ActiviB' No type of criminal activity shall be promoted, condoned or permitted at the facility or at an)' activity associated with the facility. Section 162 Residents' Court Orders and Treatment Plans i. Facility staffshall suppo:'t and cooperate with all residents' known court orders and accommodate residents' schedules for compiiance with the residents' treatment plans. Failure to support a r.2sidem's court orders shall be deemed a serious violation of the Certification Guidelines. resulfin~ in suspension or revocation of certification. Section 163 Participation in Recovery Actix. ities snal, m'ovme adequate opportunities for residents to 1. The facility ' ~ " participate in activities consistent with the stated goals and objectives o£ their treatmenl plans. 2. Facility staffshall encourage all residents to be active during the day in activities appropriate to recovery, e.,__'., participatin~o in tremment or counseling, attending school, working a job, searching for a lob or performing other activities that are appropriate for recovery. 28. ,'6069.1 AMENDED ADKFC Gtitdchncs 6¢,57 i J-13m: C.cm: ~x Ce(do corr'~ctmn.~ I i.28 and 30 01 Section 164 Reserved 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 :-equired 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 for ensuring that all legally reouired consent forms are signed by residents and that all legal requirements pertaining to such testing are satisfied. 3. '['he frequency of tests should be noted in each resident's file. 4. Resident's drug test results shall be kept confidential to the extent required by law. Except as ma), be required by court orders and/or the terms of residents' probation or parole, residents' test :'esults will not be disclosed to the Certification Coordinator. 5. If it is the policy of ti~e faciiitx' 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 faciliLv shall have a similar written relapse policy applicable to residents who do not participate in drug tests and m 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 an)' 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 meciicafic:ns. 'i'he facili'~y may not dispense medication, but must make it available to residents. 29. /6069.! AMENDED ADRFC Gmdelincs 6057 I 1-13-:~1 C'iean w CoCo :e.:r."c:ions ! I 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 any quantity greater than the amount prescribed. Section 168 Smoking Policy The facility shall have mid en£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 accu:'ate repo:'ts about a resident's progress to courts, the 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 residcnt'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 of written instrurnent that is false or antedated, with intent to present it for any judicial u'ial o:' proceeding oi' inquiry. (Penal Code section 134). Section 172 Approval of Progress Reports The Director shall approve ai[ progress reports issued by thc facility. Section 173 Notification of Resident's Departure If a county refei'ral or a court rel~rral moves ()Ut of the £acility, or is terminated for cause from a facility, the appropriate court, or referring County.' department or agency shall be notified within 24 hours oi' tiqe next working day. Section 174 Reports to Certification Coordinator 1. Each facility shall follow the orocedurcs prescribed in this section if any events identified in subsection (3'~ of this section occur. 2. Upon the occurrence o:'anv of ti~e 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 Gu]dehncs 6057 I !-:.:4;! (. ;can w COL'. corr~'cnons II 28 and 30.01 the Certification Coordinator within one (1) working day. The telephonic report shall be followed by a written report within seven (7) working days of the event. Ifa 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 resident due to any cause. b. Any facility-related i~xiury ora resident or staff member, which requires medical treatment. c. All cases of communicable disease reportable under section 2502 of Title 17, California 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. f. Fires or explosions that occur on the premises or grounds. g. Any criminal activity tha,. occurs on the premises or the grounds of the facility. 4. Information provided in the report shall include the following: a. Resident's and."m' staff member's ilame, age, sex, and date of admission. b. Date. time. ant! nature of the event. c. Attending physician's name, findings and treatment, if available. 5. An)' change in the filciiitx 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 ADRFC Guidelines 6057 ii- 134:1 ('lean ~ Co(.'{~ correcnons !1.28 and 30.01 ARTICLE 5: INTERACTION OF RESIDENTS Section 176 Single Gender Facilities Single gender facilities are encouraged but not required. The rules and regulations for single gender facilities shall include, but need not necessarily be limited to the following: 1. Residents shall wea:- appropriate attire when in shared areas of the facility and in the presence of other residents..~taff or visitors. 2. Sexual harassment of residents or staff is prohibited. Sexual harassment policies, procedures and rights shall be costed in the facility along with the name and telephone number of a comact person. 3. Staff shall not engage in behavior with any resident that leads to a romantic or sexual relationship wi:il: the resident is residing at the facility. Section 177 Co-ed Facilities If the facility has both male and f'cmaie residents, it shall have written rules and procedures regarding co-ed interaction:, including bul not necessarily limited to the following: 1. Residents shall wea:' appropriate attire when in shared axeas of the facility and in the presence of other residents, staff o:' visitors. 2. Male and female resicicnts shall not share bedrooms. Sexual harassment ol residents or sta., is prohibited. Sexual harassment policies, procedures and rights shall bc :)osted in tile facility along with the name and telephone number of a contact ~:erson. 4. Staff shall not engage in behavior with an}' resident that leads to a romantic or sexual relationship wlail~ thc resident is residing at the facility. 5. A facility is permiued to make exceptions to the foregoing rules in situations that a cour, or residents' referring agencies deem appropriate, e.g. if a married couple or a couple in a long term commit'.ed relationship enter a facility as a couple, some of the foregoing rules would be inapplicable to them. Section 178 Reserved ARTICLE 6: MISITORS 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 facili~' and limited so that neither the program nor the comfort of resicients is disrupted by such access. Section 180 Visitation Policy The facility shall have a wriu~n visitation polic.v. 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 ex,em afmr 10:00 p.m. or before 8:00 a.m.; 3. There shall be designattd 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 for visits or meetings without the prior written approval of the Cerdfica:ion Coordinator. the Probation Department or the Orange County Health Cm'e Agency: 4. No visitors shall be permitted on tile premises while intoxicated; 5. Visitors shall not be let't alone in the facility at any time; 6. Regulations regarding children visiting the facility shall include: a. Specific hours Ibr visitation: b. The type ofsupervisior~ required; and c. Restriction ol'ci~ildren to tile common areas. Section 181 Reserved ARTICLE 7: LEAVING THE FACILITY Section 182 Resident Sign in/Ou! Log and Schedule I. The faciliLx.' shall mai~:min a resident sign in and sign out log for all residents who are court or county rel'cr:'als. 33. /6069.1 AI~IENDED ADRFC Guidehncs 6057 I!-;3-I~ k'lc:m ~ ~.'t~t.'~, c;~rrt'ct~ons II .28 and 30.0! 2. Each resident who is a court refen'al or a count), referral shall be required to sign his/her complete name in the log witi: the time that he."she left the facility and the location and telephone number of his,'l',er destination. 3. Each resident who is a~ com-I rcl'c'n'al or a county referral shall be required to sign his/her complete name in the it,g upon returning to the facility, and the time he/she returned. year. The facility, shall retai,.~ its si,,,a.~, in:sign ottt logs for a minimum of one (1) 5. Ever3" resident's s,.h..c,~.e ior treatment, work, education or other activities shall be provided to, and maintain.,:d by. th.e t'acilit3, management. 6. Ever)' resident's scheduie shall include the location and telephone number where the resident can be reached. 7. Every resident shall Dc r~quirecl lo notify the management of any change in his/her schedule for treatment, wod< ; .... ' · . ec, t,ca~m:~ or other activities. Section 183 Master Log for 3"I ultiple Facilities Programs with m.ultiple rcsidcn:ial i'acilifies shal! maintain a current master log of all residents at all of the program's cee'tiffed facilities. The master log shall be maintained and shall be available al the program's busin,..'ss office or main facility. Section 184 Curfew The facility shall have a cm'~:;:', for residents starting no later than 11:00 p.m. on weeknights and i2:00 a.m. on wecken,.is and ending no earlier than 6:00 a.m. on a_ny da.'3'. Allowable exceptions may include residems x~ l:t, work during these hours and residents who have prior approval of the i'acilitx's staff', the l-lealth Care Agency, or the resident's Probation Officer or Parole O£ficcr. Section 185 Overnight Passes 1. Overnight passes may i,c given ~o a resident after he/she becomes eligible, at the discretion of and with the appro', a, o'.' thc director or house manager, or on order of a Superior Court, the Probation Dcm~;'~:ncnt m' ti~c Parole Board. No overnight pass shall be granted if it would conflict witl', anv existing cour;, o:'der. 2. When going on an ox'e:',figiat pass. a resident shall be required to sign in and out of the facility on the "' ' sim: i'esmen~ sign !n and ~ out log. The facili~x will notii', lite:~2~,:,.,,,_' "' ',' "2 ,'~"2e .... ~c.x' of any violation of Section 185. /6069.1 AMENDED ADR.cc Gu:det:nes 6(157 I :-.54~:: 'i::m v, t.o'. ~' ctmc.zmm~ ;'. 28 and 30 0l Section 186 Reserved ARTICLE 8: FEES Section 187 Fee Schedule 1. The faciliLv shall hax'c ~: Wl'ille21'l f'~ schedule that is provided to all residents and posted at the facility. 2. The current fee schedt~l~' 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 faciliLv 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 siaall be inCm'med o!'all items that are provided by the facility and which personal items residents must provide themselves. 6. Residents shall not be charged a relapse or re-entry fee. Section 188 Delinquent Payments and Payment Plans 1. The facility shall have ~, v, ritten policy' regarding delinquent pa)q"nents and payment plans. 2. If a resident has nol paid tine amount due. the decision whether to terminate the resident, extend a grace pcrioct o:' make a payment plan arrangement is at the discretion of the director. Section 189 Advance Payment of Fees and Repayment of Fees The facility shall have a w:iue,-., policy rega,'ding refunds for advance payment of fees and repayment of fees. Section 190 Receipt f'or Fees A resident shall be given a sign='cl receipt at the time of payment of an)' fees. Section 191 Reserved 3.'.-. /6069.1 AMENDED ADRFC Guideline> t)r;57: i-!3-01 :. ica. xx ~..~(. o cortecmms II 28 and 30.01 ARTICLE 9: RESIDENTS' FUNDS Section 192 Co-mingling Funds Staff shall not co-mingie their (,x~n I\,nds o,' the facility's funds with residents' funds. Section 193 General Assistance If the facility accepts a resident's General Assistance rent allowance, the facility shall follow all procedures required b3 the Orange County Social Services Agency. Section 194 Reserved ARTICLE 10: FOOD SERVICE Section 195 Food Service 1. If food service is ol'~:erct{ by tlae faciliw, the facility' shall provide the residents with the thcility's food sm-x'iccs and prcpara:ion schedule and policy. The kitchen sl:all b~ cle~n. Food shall be properly' :nain:ained and stored. ].'he facility · .n~a..~. which max be included in the fees paid bv 4. residents. 5. 6. Section 196 Residents may be respo::sible lb1' their o~ti'l food items. ]'here shall be ad.,.'c!uatc seining in the dining area. Reserved ARTICLEII' RESIDENTS' FILES Section 197 Maintenance of Residents' Files ,','"; '= ~ ' handled in tine following manner: All files pertaining to. ~>.o,:nt.. shall 1. All files shall be kept it: a locked cabinet. ,.'~ .... Residents' flies shall nc,: b.:' "(,-t-,'~n..~e~" ~'~. 3. Access shall be limited :c,~ :iqe director and other personnel with a legitimate need for access who arc si .... ,~1 ~n the faziii~y s policies and procedures. 36. /6069.1 AMENDED ADRFC Gu~dehne: c,~;57 ' I-. 3-(.'i t ';'.'m~ ~.. · ,,, ,' c,mcclmn:, I i 28 and 30.0! 4. Each staffmember, paid or volunteer, with access to residents' files shall be required to agree in writing with thc facility to naaintain the confidentiality of the records and information in such files unless :'cquired by law to disclose file records or information. This agreement shall speci!"y that it is effective irrespective of the subsequent resignation or termination o1" ti:e staff member. Section 198 Contents of Individual Residents' Files The content of individual residznts' files shall include, but need not be limited to, the following: I. A personal inibrma:ion I'orm which contains: a. Personal data £or proper identification; b. Length of sobriety and prior recovery experience; c. The names oftl;c :'csiclcnt's CUl'rtmt outpatient treatment and educational fac iii tics: d. The nan:e ol'thc som'cc o1' rei'erral to the facilitv. 2. Copies of the rcsid,~nt's cun'entiv effective court orders, if any. others. Thc resident's recovery plm: rccomme:qdations fi'om referral sources and 4. Notations about how tine faci[i:,, can assis~ tile resident in implementing his/her recovery-related court orders and/or recovery plan recommendations. 5. List ofpresc:'ibed ~nedication used by the resident. 6. Signed originais o1' all consen: I'orms and confidentiality waivers required by the facility or the residents' i'e:..'erring agencies or tile Superior Court. For all court referrals and residents referred by the courts. :he Probation Department or the Parole Board, the resident's file must include a waix'~'r of confidentiality, signed at the time of the resident's initial intake into tile facilizx', to permit disclosure of designated information about the resident to ',vhichex'er o !' the courts, the Probation Department md/or the Parole Board is monitoring ',he res!dent's progress. 7. Copies of all progress r~'ports and all correspondence written by the staff regarding the resident. 8. Dates and results c~:'all d:ug and alcohel :ests and all forms related to such tests, including consent forms and, or co~.ll'i 9. Overnight pass information. 10. Dates. of the ~es~d~n, ~ entry anal co:npietion or ~erminafion from ~e facility, including the circumstances o~' his/h~r exit. 11. ~e resident's fke pavmep,. ., record, including ~ount of fee(s),. ~d ~e date(s) and amo~t(s) of payment. 12. A copy of the facility's rules and residcm in-take forms, signed and dated by ~e resident upon entry to the I~ciiity. Section 199 Resented CHAPTER 7: BUILDING AND GROUNDS REQUIREMENTS ARTICLE 1: SECTION 200 REVIEW Section 200 Compliance ~¥ilh Codes. Permits and Other Requirements Related to Buildings and (;rounds Prior to ce~ification, each soho:' iivi:au [Z~cilitx' shall obtain from the applicable local jurisdiction an inspection and a written determination [called a "Section 200 Review"] that the facility complies wi:h all ' "'~ o. ,.~e following requiremenls: Conformance witk al! locali,. [~pl,~icabie and regul~ly enforced zoning regulations. Possession of all rcquirzd local, coumv and state permits. 3. Conformance wit!: app!icablc !ire safety standards, including occupancy limit, smoke detectors and emergency exit pla::. 4. Building and Grounds R. equlrements. a. The fiicilitv sinai! be clean, safe. sanitary and in good repair at all times. The interior of the l"acilitv simll be fl'ce of flies and other insects. c. The facility shal~. ~orox'ide for the safe disposal of contaminated water and chemicals us:'d lbrcizaning purposes. d. Living areas in the i'aciiitx si~all be separate and secure. Permanent wails, floors, cei!ings and doors shall enclose the facility's ~ t,,,,,m._ :md :oiicting areas. This does not preclude the living, sleeping. ",': '," 38. /6069.1 AMENDEI) ADRFC Omdehnes 6~5~ i !-i3-t.,~: . ;can v. t. ,,C'~', ctmcaw, n: il 28 and 30.01 use of more ti'mn one buildin/, or the use of wing(s) of a building or floor(s) ora 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 maler!al on rugs. f. All outdoor and indoor passageways, stairways, inclines, ramps, open porches, and othe;' areas of pmential hazard shall be kept free of obstructions. g. Permanent or portable storage space shall be available for storage of facility equipment m:d SUpl;lies. Facility equipment and supplies shall be stored in approprialc 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 si:al! have an operative pump and filtering system. i. Adequate living spac.:: for each resident in the bedrooms and bathrooms shal! be m-ox ided as followg: (i) Bedrooms shall not be overcrowded. The definition of a bedroom for thc purposes o1' this requirement is the definition contained in the [..;:fifm'm Building Code. There should be a minimum oi' 70 square feet l'or the first two people and 50 square feel for each aclciition:tl person in bedrooms. (ii) Each reside:at s!nall have a closet and dresser space made available to llim.'her. j. Adequale bathi;'.g, hand washing and toilet facilities shall be provided will: a maxin:.~m~ ratio o:' one bathroom facility per six (6) residents. Space for each residem's toilet articles shall be provided. k. The bathrooms siaal[ bt clean, shall provide privacy, and shall contain general hygi~:ne !ten:s such as soap and toilet paper. 1. When female anti male rcsidenls are housed in the same facility, the facility shall ensure minimal pe:'sonal security and privacy,, which shall include the following: (i) Sel~arate ar.:! adequate toiiet, hand washing, and bathing facilities Ibr I~n'::ties and males. Such facilities shall be in proximity of designated sleeping quarters. 39. /6069.1 AMENDED ADRFC Guidelines 605? I ;-134!1 ~ 'ic:m .a ~. ,,.'.'n :orrc:mms I I _'28 and 30 01 (ii) Separate and adequate sleeping areas for females and males. Such areas shall be enc'ose¢~ b) permanent wails, which extend from the floor to the coiling and have permanent doors. m. Locks shall be placed on all exterior doors and windows in order to maintain proper securitx'. Fixtures. Furniture. Equipment and Supplies: a. A comfortable ~empcrature Ibr residents shall be maintained at all times. b. All window screens>n,.. ~' ','! be in good repair and be free of insects, dirt and other debris. c. The facility shall prox ide lamps or lights as necessaw in all rooms and other areas to e:~sm'c the .safew of all persons in the facility. d. Hot water faucets used by residents for personal care shall meet the following tee uirements: (i) Hot wmer dci!x,crcd to plumbing fixtures used by the residents shall not be less tmu: i('6 ¢lem-ees Fahrenheit (40.5 degrees Celsius) and no.: more titan i30 degrees Fahrenheit (54.4 degrees Celsius)· (ii) Taps delivc:'i~g wv. ret at !31 degrees Fahrenheit (54.9 degrees Celsius) or abe,. c shale Dc prominently identified with warning signs. e. All toilets, ham: washing and bathing facilities shall be maintained in safe and sanitary operating conditia::s. f. Solid waste shai! be stored, iocated and disposed in such a manner thai it will nol transmit commtmicabl= diseases, emit odors, create a nuisance, or provide a brcecling place (er food source for insects or rodents. (i) All containers, including movable bins. used for storage of solid waste shal! inave tight iitting covers that are kept in place. The containers and cov.s:'s si:all be in good repair, leak proof and. rodent proof. (ii) Solid was:c ,,., ~..~cr.~. ~nc=umng movable bins, receiving putr=sciblc w::.,,ic shal= b~ s:nmied a~ least once per week or more often if necessa?, te comply with subsection (f) above. /6069.1 AMENDED ADRFC Omoel:ncs 6',..5- I:- 13 .... .c.,' v. , . .:, :, conc::t,'~:s; [.28 and 30.01 g. The facility shall provide each resident with clean linen in good repair, including lightweight. ,,xarm blankets; top and bottom sheets; pillowcases; mattress pads: bath towels and wash cloths. The quality, of the linen provided shall pcrmi~ ch;raging, at a minimum, once a week or with greater fi'equency if necci, ed. h. The facility shai! provide each resident with an individual bed maintained in good remt:.r, equipped with good springs and a clean mattress, and suppliecl ,.,, itl': pil ioxx'(,s), and with bed linens as described above. Bunk beds are not cxclucted provided they otherwise meet the requirements of this Scc'..ion 200. Section 201 Reserved CHAPTER 8: GOOD NEIGHBOR POLICY ARTICLEI: POLICY Section 202 Good Neighbor Policy I The purpose of the C .... :icatit~n Guidelines is to promote safe and effective services for residents with s:lbq:ancc ~d~L!SC iSsLles. Neighborhood support of an alcohol or drug recovery facility enha:~'cs thc i'aci!itx.'s ability to meet this goal. 2 To increase the likelih~md tha'. the residents of the facility are able to be integrated into the community with m: improved quality of life, it is required that each facility shall adopt a good neighbor penile,.' similar to the one enumerated here. 3. A good neighbor polic?, taus:, ,c~ude. but would not necessarily be limited to, the policies outlined in Sections 20-'-2()6 {,I' the Certification Guidelines. Section 203 Reserved ARTICLE 2: POLICY CONTENTS Section 204 Neighborhood Compl,'~ints You are in a betler position ii' '.. ,'u hax'c the firs:~ opportunity ~o respond to concerns. 1. Each facility shall cnsu~'c ti,.a: ti:e neigi:boring residents are advised about whom to contact at the facility ifti~e,, i-,ax c c,,mviaints or questions, and how to get in contact with that person. 2. Each facility shall ctev~'~.? ~: x..':'itten vrc.,tocol of procedures for staff to follow' when a complaint is received. AMENDED ADRFC Guidehnc~, 6057 I'-i~ "' 3. Each facility shall train th~' stol",' member(s') responsible for receiving complaints and questions to field comi~laints in a positive way. 4. Ifa neighbor's complaint is legitimate, the facility shall address it with a commitment that steps will be taken immediately to vrevent its happening again. Then, the facility shall review its systems and;or st;;ff'to make changes or improvements as needed. Section 205 Reserved Section 206 Reserved CHAPTER 9: MONITORING AND REVIEW OF FACILITIES ARTICLE 1: MONITORING Section 207 Monitoring Certified Facilities 1. On site lbllow-up mo?.i:oring ~l'am.' certified sober living facility ma).' be conducted by the Certification Coorciinr~,:' or any age~:cy referring residents to the facility to determine continuing com',,liance with any of the requirements of the Certification Guidelines. Each certified sober living facility shall be inspected at least once during each period of certification ~: it:sure compliance with the Certification Guidelines, and follow-up inspections si~a~,i be cm~ducted as needed. 2. The purpose of these inspw',.ic~ns will be solely to determine whether the facility continues to meet tile Certifi~'~ti¥.n Guidelines. These inspections shall not be used as an excuse to conduz: searchc:-.' fi::' evidence of crime without required probable cause, warrant or consent. 3. The monitoring personnel i~.n~x' conduct a site inspection of the facility, may interview facility staff and/o;' res iden:.s !n private, and may review facility records, with or without advance notice, at m:'.. ~'e~:.so~'..'fiqc time. upon presentation of proper identification, in order to determine con::"~iia:lcc with tiae Certification Guidelines. The facility's staffshall cooperate with tiac :axcmitt:ring personnel and assist him/her upon request. The inspection shall be concluctcd x.~ itl: due regard for the privacy of residents. Monitoring personnel shall not access a~:x fi les of residents unless there is a court order permitting such access or the :'esiden: has~,,i,, en writlen informed consent. 4. After completion o£ti~c ,-' ,..~ ,.~'.~,"'",,t, ,=. review, the monitoring personnel shall prepare a written report...:\Il ;'elDoI'ts .-.' :al, 5c su[:mitled to tile Certification Coordinator and a copy provided to the Facility Section 208 Notice of Deticiency 1. If deficiencies are ide~ltiScd, u written notice of deficiency, listing all deficiencies, shall be mailed to the faci!i.:x's director or his/her designee v,'ithin ten (10) working days of completion of the monirorin~ review. 2. The notice of deficiency shall speci£y: a. The section l'lUl:~['~;21' o:' ii'lC Certification Guidelines or the title and code section number :)f ~aci: statute or regulation which has been violated, if relevant: b. The manner in ,.x i~ich Ibc facility fails to comply with the specified section of the Certification Guidelines or statute/regulation; c. Recon:mendec! cch'et: ions; d. The date by xx hida tacit, deficiency shall be corrected; e. Procedure for apl:ca! to the Certification Appeals Board. 3. The facility's director o:' b. is.'i:c:' designee shall respond 'to the notice of deficiency and prove compliance to thc ('cr[~ 5cation Coordinator in writing within the time specified in the notice of deficicm".. Section 209 Contract Monitoring Nothing in this Article supersed':s m,mitoring and review of a contract provider by the Orange Count>, Health Care .'-\gcncy. ~' any other County agency, pursuant to the terms of a contract between that pro', !,lcr and ihe County of Ormuge. Section 210 Reserved ARTICLE 2: INVESTIGATION OF COMPLAINTS Section 211 Complaint Defined A complaint is a fornlal or in!'~vmal :.cgative charge or allegation regarding a violation of an applicable section of ti~e (.c;'ti:5~'ation Guidelines. A complaint may include, but is not limited to. the folloxx i:;g issuos: criminal activity, resident safety, zoning codes, staff or resident rise o1' drugs, m' facility safeu'. Section 212 Complaints Regn,'ding ('riminal ActiviB' All complaints about criminai :~c:ix'!:', at a facility shall be immediately reported to the law enforcement agency iaax'ing .:uris:!iction where the facility is located. Section 213 Complaints Regarding ('ertification Guidelines 1. An.,,' person may file a co:nplz:inl regarding a violation of an applicable section of the Certification Guidelines b', toe;rotting the Certification Coordinator in person, by telephone, in writing, or by ::nx oti~er automated or electronic means. 2. To the extem permitted by lax,., the Certification Coordinator shall keep confidential the identity of the compiain:tnt. :,.a,ess actthorized by the complainant to disclose his/her identity. 3. If requested b?' the COmlv!aina~:. the Certification Coordinator shall notify the complainant, in writing, of the resuits o1' ~hc investiuation, to the extent that such information legally may be discloseci it: z: m~'mber ofti~e public. 4. The Certification Coor:iinator shall cause to be investigated by the appropriate authority' all complaints filet'. ;.:ua:nst the facility or staff. The Probation Department shall investigate issues rciai'zcl tt, probationers at the facility. 5. The authority selected it, invc..:tigate the complaint may conduct a site inspection of the facility, may intervi exx' I'acil !tx' staff and/or residents in private, and ma)' review facility, records witia o:' without ~3,,'a~:"c.a aottc,~., ' o at any reasonable time, upon .,'c~c: lo determine compliance with the presentation of proper identification, it: ' ' Certification Guidelines. The ['acil!t', ' :<al:' ',x !il cooperate with the investigator and assist him/her upon request. Tiae ins~::.z~i{m 4:all be conducted with due regard for the privacy of residents. Complaint inx.'csti,__'att>!'< shall not access an?' files of'residents unless there is a court order permitting such a.s.scss .," the resic!ent has given written informed consent. 6. After comt>letion oi'thc !:..x cs:~.ation, the authority investigating the complaint shall prepare a xv:'iucn rept)rl..,\1! rcDol'tS shall be submitted to the Certification Coordinator. The con::~ia!::: in'. estigation is complete when all evidence has been inspected and all wimesscs wh(, i;::' c i~:l'ormation relevant to the allegations have been interviewed. Section 214 Notice of Deficiency 1. Ifa comp}aint ~nx.~st~ ..... :m t!:szloses deficiencies, a written notice of deficiency, listing all deficiencies, sl'.all i3c in:ti!~d to the facility's director or his/her designee within five (5) working dax .s t~ 'completion of tiae investigation. 2. The notice of deficient3 nip,ti: .-:;.,,ecify': a. The sec',io~'., nu','.:;,c: ;:,.' the Ceniiication Guidelines or title and code section number c,~' v:~ci'...,;~:tu'~e or r'::uulation that has been violated, if relevant; · I /6069.1 AMENDE;D ADRFC Gm.'lcimc. 6, q7 I'-I 3-:'1 ~ .... i. ~, ,,t :~ corrcrmms ;I 28 and 30.01 b. The manner h: xx hich the facility fails to comply with the specified Guidelines or statute/"re~:ulati~m: c. Recommended corrections; d. The date by' which caci: deficiency shall be corrected; e. The procedure ior .-,' ~ · ap~..,:,t, to the Certification Appeals Board. 3. The facility's directo;' o;' his,"l~er ciesignee si'mil respond to the notice of deficiency and prove compliance to ,,he Ce:':: fication Coordinator in writing within the time specified in the notice of dcficicncv. Section 215 Emergency lfthe Certification Coordinator or at:',' of its allied agencies determines that there is an emergency situation ti'tm j eopardi/.es t i:.~ public sa fety and/or the safety of the facility's residents, the Certification C~ordi::ator shall recommend to referring County agencies and the Superior Court that rclSrrals to the facility be suspended immediately pending further investigation. Exampi.,'s: (')'.vnet/Director of a program using drugs, sexual harassment of residents or crimi:qal a','ti x'irs' at ti~e facility. Section 216 Reserved ARTICLE 3: COI),RE('TIVE ACTION PLANS Section 217 Deficiency A "deficiency" means a Failure to co~nloly.' with the Certification Guidelines or applicable laws. A deficiencx mav be :~ eau?,' fora denial of certification or notice of sanction. Section 218 Corrective Action I'lan 1. When a facility is s~nt :: notice ol'deficiency, the director of the facility shall submit to the Certification C(~ordinalo" ,.v,.'itt.,.'n verification of correction for each deficiency that is identified it: the not!.ze of c:,cficiency. The written verification shall substantiate that the deficiency has b,_'cn ct~:':'.zcted and specie' the date when the deficiency was corrected. The written verification slnal', be postmarked no later than the date specified in the notice of deficiency. If the facility cannet co;'rec: a deficiency., by the date specified in the notice of deficiency, the director sl~tx':l submi: a x.. ~,~.n corre~:~.ive action plan to the Certification Coordinator. The wriner.. COl'r',:ctive av tior; ;"'.an siaal[ be postrnarl,:ed no later than the O,..~.,. I~, .~ \'. date specified in the notice of "''''' '~'," -15. //,~(--,0 I ,&IMFNI~FI'J Al)RFC Guideh::cx I~l::.' I !-[ ";.l~l ,, i~2llll ',, ,.'. o colr¢c:i,;i!., i I 28 mad 30 01 consider: The xaq'itten corrective action I~-ian siaall: a. Specii') the steps already taken and to be taken in the future to correct the deficiency: b. Specify a date xx hen th.c deficiency will be corrected. In reviewing [i~e coffee:ire ac:ion plan. the Certification Coordinator shall a. Potential haza,'ds pres.,:nt~d by the deficiency; b. Number of residents i:npacted: c. Whether tiae documentation submitted by the director demonstrates that the deficiency xx i~i be fim~!y corrected. 5. Within fifteen t 15) days of :'zccip~ of'the written verification and/or corrective action plan, the Certification Coordinator si:ail notify the director in writing, by first class mail, whethc:-thc written yeti fication and"or corrective action plan has been approved. Section 219 Follow-up Review to Verify Correction of Deficiency 1. The Certifica:ion Coordir~at~,r. Orange County Health Care Agency, Probation Department and.'or ::pprop:'iate It~c~i jurisdictions may conduct follow-up reviews to determine if the faciiitx la~:s cor!'vcted all deficiencies specified in the notice of deficiency. 2. Ifa follow-u? review incticat~'s that a deficiency has not been corrected on or before the date specified i:-, the no,.ice o I'~ ~'ficiencv or subsequently approved corrective action plan, tl:e (. ~ ~lI'iCcttlOl, Cool .... atOl s!:al1 impose a sanction pursuant to Sections 221-227 of the Gert! i'icatioi: Guici¢i ;:;es. Section 220 Reserved ARTICLE 4: SANCTIONS Section 221 Sanctions i)efined A sanction is a discipi inm'v action taken bF" the Certification Coordinator that is designed to secure enforcemen: o~' the Certii'izafion Guidelines by imposing a penalty for a violation of the Guidelines 46. /6069.1 AMENDED ADRFC Guidehncs h::57 "-13-(. ! t'!:an ,x ~ .,('., :orrecmm'; II .28 t4nd 30.01 Section 222 Purposes of Sanctions 1. The purposes o~' imposing sanctions are' a. To protect tile suf'etv ol'the community and the residents. b. To assist tiqe certified :'acilitv il: maintaining a quality level of continuing care auld service. 2. Ail sanctions imposed si~al; b,c iqandied on an individual basis. Section 223 Types of Sanctions 1. The Cenificatio:a Coordinator may impose sanctions for a violation of the Certification Guidelines. Th,c sanctions max include any one or more of the following: a. Counseling: A verbal reprimand and recommendations to the facility direcm:' of possible remedies that the facility might explore. Corrective action by thc provicier is expected. b. Lener o1' Re!~rinnancl: I'his document places the facility on notice that the vioh:tion xx ill b.e maclc a pemaanent part of the facility's file with the Certification C'oorclinato'.'. '['lnis is a!l ofl"ense, which if it continues, ina5' resul: in inmosition of more severv sanctions. This letter should contain a describ'tion of tile i.,,:'t:biem and recommended corrective action with an expected clare of coml,ietion. c. Suspension of Certi'fic:~tion: A disciplinary action taken by the Certification C'oordinato:' to suspend certification. A suspension is for a specific period of time. Exc¢i'..', as required by law or contractual obligations or ~:s t~ermitted bx :hc Certification Guidelines, Count), personnel shal', ceasc rcl'en'i::u individuals to a faciliLv from which certification has been st~spend:d..,\t th',.'ir option, or. if applicable, at the discretion of tl~c Superior ('ourt. the Probation Department or the Parole Board, residents who were res~ciing at t!~c facility prior to the suspension may remain and con:plcte lheir programs. d. Revocation oJ'('ertii'ication: A clisciplinary action that is imposed by the Cert!fication Coordinattn' to revoke certification of a facility. Revocation ol'ccrti!ication is indclX, nitc. Except in emergency situations, a revocation will not becmne cfi'cctive umil the time for the facility to appeal has elapsed, or il'thc i'acilitv appeals, until the revocation is upheld by the Certification Appeals Btmrd. To 'tile extent it is clinically appropriate, all Comntv :'ef;crrais shall bc asked to move from a facility from whicl: c,,.':'tification ha.~ bccn revoked and will be placed in certified facilities. E×ccp~ ::s rec~tt[rcd by laxx o:' ?ont:'actual obligations or as permitted b)' :i'.c Cc,.'ti!'icatit~n (iuidciincs. County personnel shall cease 47. /6069.1 AMENDED ADRFC Guidehnes ~',:'57 I !-13-{)' ~.'lcm~ xx t ,'q'o cm'rec:.,m> I I 28 and 30.0i referring indix'ici.:z,~s to a fi~cili:y from which certification has been revoked. Section 224 Right to Appeal Sanctions A facility has a right 2o appeal ajay sanction that is imposed on it. When imposing sanctions consisting ora letter o!' reprimand, suspensicm of certification or revocation of certification, the Certification Coordinator slx,ll advise the facility of the procedures for appeal. Section 225 Failure to Cor,'ect Dct'icicncies for which Sanctions Imposed Failure to correct def. :iencics Jbr wl:icia sanctions were imposed may result in the imposition of more severe sanctions. Section 226 Notice to Inte,'ested Parties If a facility's certification is suspencte,! or revoked, ti~e Certification Coordinator shall give written notice of ~hc sanction to thc Distric~ Attorney, the Orange County Superior Court, the Probmio~: [)ol'..artment. tine Ornn.,,c Count5' Health Care Agency, the Parole Board and other interested County agencies and to the city where the facility is located. Section 227 Reserved CHAPTV~II 10' API'EAL AND HEARING ARTICLE 1: RIGHT T() APPI.r. AL DENIAL OF CERTIFICATION OR IMPOSITION OF SANCTIONS Section 228 Facility Ri.,,,ht To Appeal 1. Ifa facility Ina., bce:: denied cc:':ilSca~ion~ and the request for reconsideration has been den/od, tl:e director .,i' the £acility may file an appeal to the Certification Appeals Board at thc District At:orne\"s Oitice. All appeals shall be fom'arded through the Certification Coordina.'.o:' to thc Certification Appeals Board. 2. Ifa sanction ctmsisting ofa izt;er o£ rel',:'imand, suspension of certification or revocation of certification i;as been imposc.I on a 15~ciii~y, the director may file an appeal to the Orange Countx i)ist;'ict Anorr:?'. 's Certification Appeals Board. A prior request for reconsideration to '.he ,k.'ertificatio~. Cot~rciinator is not available for an imposition of a sanction. All amp-'alst., will b: !brwardtd throtmh~ the Certification Coordinator to the Certificati~m .::?pea!s Bot'.~'..[. 16069.1 AMENDED ADRFC Gmtlelin;'s ',:';? '. ;-:.:-01 Clean v, t ,,.t ,., ct;;'le;'tn,ns I [.28 anti 30.01 Section 229 Staff Righ I 'Fo .Appeal 1. A staffmembcr or prospective staff member of a facility whose qualifications or lack thereof have been detern:ined to disqualify the facility from certification, and whose requcs: lo the Certification Coordinator for reconsideration has been denied, may file an appeal to the Certification Appeals Board. 2. Ifa sanction consisting of a letter of reprimand, suspension of certification or revocation of termination h.'.ts been imposed on a facility as a result of the qualifications or lack thereo 1' o I' a staff memb~_':', the stalT member and/or the facility's director and head of administrmi ye staff may (lie an appeal to the Certification Appeals Board. (There is no request fi~:' :'cconsideration by the Certification Coordinator available for an imposition of a sanction.) Section 230 Reserved ARTICLE 2: CERTIFICATION APPEALS BOARD Section 231 Certification Appeals Board The Certification Appeals Board shall be the adn:inistrative responsibility of the Orange County District Attorney's Office. The Distric~ Attorney's Office will conduct all appeal hearings before thc Certification Al?cals Board. Section 232 Board Membership 1. The Certifica:i~m Appeals Board shall consist of five (5) members designated by their respectix ~' (~rganizations, as (oi!oxx s: a. One fo:'mer employee (.H- director oi'a sober living facility, who is not cun-entlv al'filiatcd witl: a sober lix'ir.g facility. b. One cv...-rc,,, or retired c!tv manager or assistant cit'3' manager. c. Onec~. ........ ,~ ],'. or retired deputy probation officer or police officer. d. One cm':'em or retired deputy public defender. e. One mc'tuber who is empic~.ved I')v the Orange Count)' Health Care Agency, Beiqax'ioral Health Services. 2. The membe:'s shall he nomina!cd and appointed in accordance with rules of the Board of Supervisors ti) be filed with thc C!crk ,~)!' the Board. 3. The term of e::z!'., member shal' bo thre.,: years. The rnembers shall serve staggered terms so tha; no m',~rc :,h.'m three mzmbcrs' t~2rms will lapse in the same ),ear. 4'9. /6069.1 AMENDED ADRFC Ouidehnes 6,,57 I I- ;.:-Of Clean w (. ,,.'v con'cction, I 1.28 and 30.01 4. A vacancy slqall exist and shall ",-,c rem,':'ted to the Board of Supervisors or its designee whenever a membe:' :'ails to attenci n:ore tiqan three consecutive meetings of the Certification Appeals Board x~ ithout good cause. Section 233 Duties of the Certification Appeals Board 1. It shall be the l'Ulqc!iop, of the Cc,'tifica:iol: Appeals Board, upon request, to review the decisions of the C'crtifi::ation Cool'di:~ato:' when there is an appeal filed for a denial of certification and: o:' flue i,ni>osi:.ion of s/tnctions. 2. The Certification Appeals Board siaall meet at least once a 3'ear and shall appoint a chairperson at its first n'.ccting each ,,.car. Section 234 Filing Ai)peals 1. The director ol'a facility whose application for certification has been denied or that is being sanctioned, and when applicable, a staff member or prospective staff member ora facility on who.~2 qualifications or iack thereof the denial or sanction is based, may file an appeal in ',x ri~i:':g of the deniai of cer:.ification or sanction. No particular form is required. 'i'i~e a'?Feal must be rcceix'cd within ten (10) days from the date the notice of denial of'certification or imt-..osition off sanction is received. 2. The appeal si~oalci i',c addressed ~>: Orange County Sheriff/Certification Coordinator, Adult Alcohol ~nc! l)rv. gs Sober l.i','!n,.S l:acilities Certification Program, North Justice Center, 1275 Nor.:l: ;gcrkeley, Fu!icr~on. California 92832 (,Telephone: (714) 773-4520). 3. The Certifica;ion ('oordina:o:.' si~ali l'orx\':ll'd fi'~e appeal and all supporting documentation to the Certit:,cation Appeals Board via flue District Attorney's Office. Section 235 Procedures for Hearing Before the Certification Appeals Board :) st ct ..:~tiornev's Office shall schedule a 1. If an appea; is tim,:!x filed, the "" . hearing before the Certificm ion ..x, ppeals Hearing Board within thirty (30) days, but no sooner than ten (10) days at'tv: thc appeai ,,,.'as I'ileci b3 fi,,e t"acilitx' or staff member. 2. The Disu'ict A.'.'..orn,zv's Office shall provide the facility and/or staff' member with written notice o( thc hearing, ,_,ix'i~u the time. date. and location of the hearing. 3. During t.,e ine:~ring, t!ae facility .::nc!.or .-,~,~,! member shall be given the opportunity to present evidence ~nc~,tdip~,.. . .=, but not limited to. sworn testimonv.., sworn affidavits, and documentary cx ici..:nce. 50. /6069.1 AMENDED ADRFC Guidcm';'- t~:,57 ! I-I.:-01 Clean w r, Co'. o .~ ~,cctl:' ~., I '. 28 and 3,9.01 4. The District Attorney and/or the ('crtification Coordinator may also present evidence as noted abt~x.'e. 5. At the close o!'th~ !:earing, the C'ertiiication Appeals Board may uphold or overturn the decision to deny cerlification or uphold, set aside, or modi~' the sanctions, as applicable. The Board me:nbe:'s shall make ti:elf individua! decisions based upon a preponderance of the evidence prcsemed at the hearing. 6. A majority vo:e ef li~e Board members r~rcsent determines the result. There mus~ be a minimum o!' the-c=' members voting. 7. Within five (5~ c~lcndar days alter the hearing, the Certification Appeals Board shall issue and transn'.it 1o ihe facility and or stal'l' member a written decision sustaining, reversing, or m6difying the Certification Coordinator's decision. 8. The Certi.ficatio~: ..',.')peals Boar,!'s ciccision shall be the final administrative determination. Section 236 Reserved 51. /6069.1 AMENDED ADRFC Guidel.:,:., .~1:5': I'.- 3-Cl t,,'ican w Ct,:, :, c~:rccmm> !1 28 an¢l .;tl.0[ RESOLUTION OF THE CITY COU.~'CIL OF THE CITY OF ~t. LLIN' .NAMiE] On motion of [ill] in name], duly seconded and carried, the follov, Sng Resolution was adopted: \VHEREAS, 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 Disu'ict Attorney, the Public Defender, the Orange County Health Care Agency, the State Parole Board, the Courts, representatives of Orange CounD: cities, and a wide spectrum of community providers, in order to develop a process for certi~.'ing and monitoring adult residential drug and alcohol facilities throughout the County of Orange: WHEREAS, the Sober Living Coalition and the Orange County Addiction Trealment Provider Association later added representatives to the committee, and a community representative was designated by the Board of Supervisors 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'ritle V, Sections 5-6-1 to 5-6-4 to Authorize Voluntary Certification of Sober Living Facilities ("thc Amended Ordinance"), which ,,','as adopted by the Board of Super~'isors on [fill:in date], and the Orange Count3' Adult Alcohol and Drug Sober Living Facilities Certification Guidelines ("the Guidelines"), which were approved and adopted by the Board of Supervisors on [fill in,dale]; 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 City Reso. Sober Living City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 02-7 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02-7 was adopted at a regular meeting of the City Council held on the 4"' day of February, 2002, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Thomas, Worley, Bone, Doyle, Kawashima None None None Pamela Stoker, City Clerk