California Health and Safety Code

§ 1180.55

HSC § 1180.55 Effective Jan 1, 2025Div. 1.5

Statute text

(a)In the case of an incident involving the use of seclusion or behavioral restraints in a short-term residential therapeutic program, the facility shall, in conjunction with its process for a clinical and quality review and a debriefing as described in Section 1180.5, comply with all of the following steps:

(1)By no later than the day following the incident, notify any foster child who has been subject to seclusion or behavioral restraints of their personal rights, as specified in Section 16001.9 of the Welfare and Institutions Code, including, among others, the right to be provided with the contact information of the Community Care Licensing Division of the State Department of Social Services and the Office of the State Foster Care Ombudsperson, the right to contact either or both of these offices immediately upon request regarding any violations of the foster child’s rights, the right to speak to representatives of these offices confidentially, and the right to be free from threats or punishment for making complaints.

(2)Within seven days, provide a description of the incident, in both oral and written forms, to the person who was subject to seclusion or behavioral restraints and, as applicable, to the person’s parent, foster parent, guardian, Indian custodian, or other authorized representative, and attorney, if any, and for Indian children, as defined by subdivisions (a) and (b) of Section 224.1 of the Welfare and Institutions Code, the tribal representative. At a minimum, the description shall contain information on all of the following:

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Legislative history

Added by Stats. 2024, Ch. 628, Sec. 2. (SB 1043) Effective January 1, 2025.