Section 51103 - Safe-to-Serve Determination(a) The Safe-to-Serve Committee shall determine whether a committed individual should be admitted to the developmental center or denied admission pursuant to Welfare and Institutions Code section 6510.5. The Committee's determination shall be made within 15 days of receiving all of the material requested by the developmental center under section 51102. This time period for a determination by the Committee may be extended once by 7 days at the discretion of the Committee, and another 7 days by the court for good cause shown.(b) The safe-to-serve determination shall be made on the particular facts of the case after examining the totality of the circumstances. The Committee shall balance the need to care for and treat the committed individual with the need to protect the health and safety of the person, the currently admitted developmental center residents, and the facility's staff.(c) Prior to denying admission, the Committee shall consider the following: (1) whether the current assessments and information are adequate to assess the individual or new or additional assessments should be requested;(2) the medical, behavioral, and physical issues and the supports the individual needs;(3) the individual's ability to have full access to rights afforded other residents, or the likelihood of rights being restored to the person within a reasonable amount of time;(4) the individual's developmental disability diagnosis, if any;(5) malingering evaluations, if any;(6) prior history of living in a structured group setting;(7) history of non-compliance with treatment and individual program plan services in prior settings;(8) the individual's prior convictions, time served in jail or prison, his or her propensity for violence, and history of substance abuse;(9) the individual's prior history of being served in a psychiatric facility, including a facility under the jurisdiction of the Department of State Hospitals; and(10) whether the individual is currently being served by a regional center.(d) If the Committee determines that it will admit the individual, then the developmental center shall notify the court, district attorney, defense attorney, and regional center within 7 days of the Committee's determination. The developmental center shall admit the person in accordance with its existing policies and procedures relating to admissions.Cal. Code Regs. Tit. 17, § 51103
1. New section filed 5-23-2018; operative 7-1-2018 (Register 2018, No. 21). Note: Authority cited: Sections 4441 and 4449, Welfare and Institutions Code. Reference: Section 1370.1, Penal Code; and Sections 4418.7, 6500, 6506, 6509, 6510.5 and 7505, Welfare and Institutions Code.
1. New section filed 5-23-2018; operative 7/1/2018 (Register 2018, No. 21).