View Comments on ‘Children’s Community Crisis Homes/Enhanced Behavioral Supports Homes’

Received DateReceived From (Name or Affiliation)Comment
07/18/2022California State University, Fullerton (Emeritus) Use of restraints has been researched for almost 50 years now. The data consistently indicate that more positive pro-active means of preventing severe challenging behavior (building relationships, developing effective means of communication and respecting those, using de-escalating conflict resolution) are far more effective in remediating challenges. Restraint is an archaic form of human rights violation that is outdated and often leads to more severe problems, injury, and even death. It's shocking that this is even a consideration.
07/18/2022Mary E Watson Section 59059.5 (a) Please clarify definition of aging out. That can be interpreted to be 1, 2, 3, or 4 years, or the point of entrance into a children's home. A discharge plan should start with admission and in that case would not necessarily need to be reviewed monthly. A true Transition Plan should be determined by the IBST including the frequency of review and criteria for frequency of review.
07/18/2022Mary E Watson, EBSH Administrator Please clarify in section 59060.5 Restraint Reporting Data (7)(b):

On the first day of the month following a consumer's admission and monthly thereafter ... shall submit a copy of the monthly log to the regional center's designee and to the Department at EBSHCCHMonitoring@dds.ca.gov.
If the consumer has no physical restraints does a log need to be submitted for each consumer or could the facility submit the Zero physical restraints on a facility log, similar to Disability Rights Reporting done monthly.
07/18/2022Diana Pastora Carson My name is Diana Pastora Carson. I am the Founder of Beyond Awareness, and I teach a Disability Studies course at SDSU. More importantly, I am a co-advocate, alongside my brother, Joaquin Carson.

My brother, a 53-year-old man, was a resident at Fairview Developmental Center, twice, for a total of 15 years. He has complex behavior and communication support needs. At Fairview, he was subjected to restraint during times of extreme dysregulation. At one time, these restraints resulted in 3 fractures in his vertebrae, 3 weeks in a wheelchair (a man who loves to walk, run, and ride bikes), not to mention the emotional trauma. Also of note, this incident triggered a class action lawsuit to find alternatives to restraint and seclusion within DC’s.

Furthermore, our family, along with Disability Rights California and many other friends and advocates, had to fight our regional center, for 3 years, in order to move Joaquin out of the DC, into supported living, because he was deemed “a danger to himself and others.”

But now Joaquin has lived in the community, in supported living, in his own home, near family and friends. For more than 10 years, he has succeeded in living an extraordinary life, safely, and he is my neighbor.

His home is designed in a durable fashion, and he is the only person living in his home. So he and his staff do not have the stressors of having to meet the needs of other individuals.

His staff, who by the way, are often underpaid and undertrained, do not have the option of restraint. And they do not feel the need to restrain. And they do not have the desire to restrain, because his environment is designed to keep him and his team members safe. For example, there are no things hanging on walls that can be thrown, his appliances are bolted to the floor, his toilet tank is embedded within the wall so that the lid of the tank cannot be removed by him, and his windows are shatter-proof. We thought ahead and designed his home around his individual support needs.

My point is this. When we focus on congregate settings as the only safety nets for people, and ignore other options that exist, we cannot envision and create environments that support people in humane, inclusive, and dignifying ways. So much more is possible. We have seen other options work. And we must do better.

I urge DDS to whole-heartedly consider the comments made by Will Leiner, Dr. Ruth Myers, Vivian Haun, Nina Spiegelman, and Julie Neward here, and avoid taking backward steps.

Furthermore, our family, along with Disability Rights California and many other friends and advocates, had to fight our regional center, for 3 years, in order to move Joaquin out of the DC, into supported living, because he was deemed “a danger to himself and others.”

But now Joaquin has lived in the community, in supported living, in his own home, near family and friends. For more than 10 years, he has succeeded in living an extraordinary life, safely, and he is my neighbor.

His home is designed in a durable fashion, and he is the only person living in his home. So he and his staff do not have the stressors of having to meet the needs of other individuals.

His staff, who by the way, are often underpaid and undertrained, do not have the option of restraint. And they do not feel the need to restrain. And they do not have the desire to restrain, because his environment is designed to keep him and his team members safe. For example, there are no things hanging on walls that can be thrown, his appliances are bolted to the floor, his toilet tank is embedded within the wall so that the lid of the tank cannot be removed by him, and his windows are shatter-proof. We thought ahead and designed his home around his individual support needs.

My point is this. When we focus on congregate settings as the only safety nets for people, and ignore other options that exist, we cannot envision and create environments that support people in humane, inclusive, and dignifying ways. So much more is possible. We have seen other options work. And we must do better.

I urge DDS to whole-heartedly consider the comments made by Will Leiner, Dr. Ruth Myers, Vivian Haun, Nina Spiegelman, and Julie Neward here, and avoid taking backward steps.
07/18/2022The Natalie Project My name is Julie Payne Neward. I am a sibling of a woman who is a survivor of sexual assault and project founder of The Natalie Project. www.thenatalieproject.org

I am here for the topic of restraints as trauma . Oftentimes restraints are used to manage behavior, which may be the result of sexual abuse. I have learned this from Dr. Susan Abend with the Right Care Now Project.

We need trauma-informed care/person centered planning and a debriefing meeting is key. A circle of support is key when there is trauma and securing/protecting that circle.

My sister's case never had a debrief and I wish we did.

I will support that in every aspect of the service system that serves our loved ones.
07/18/2022Stephen Myers PhD BCBA-dPlease see comments below. Thank you

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07/17/2022William Leiner, Managing Attorney, Disability Rights CaliforniaDisability Rights California appreciates the opportunity to submit the attached comments regarding DDS's proposed Enhanced Behavioral Support Homes and Community Crisis Homes regulations. Please reach out to William Leiner at william.leiner@disabilityrightsca.org or 510-267-1237 if you have questions about this submission.

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07/17/2022Mary E WatsonSection 59056- (d) Staffing Requirements: Each EBSH must have an administrator present and on duty a minimum of 20 hours per week per facility to ensure the effective operation of the facility. Proposed change: This time must be documented in the consumer file.

Documenting in the consumer file does not make sense, it is not documenting per consumer. An administrator is to ensure effective operation of the facility which includes many activities. Documentation in the facility file would be more appropriate.
07/13/2022Debra KircherWould it be possible to locate the Crisis Homes and EBSH homes with clients that have High Intensity and Dangerous type Behaviors only in rural areas, according to the regulations. It is very difficult for the staff in the homes, to keep clients quiet enough, and calm enough in order to avoid difficulties with the neighbors. Once neighbors are upset they tend to join together and it becomes hard to continue a harmonious experience for our clients in the community. In contrast the Crisis Homes located in Vacaville are both in rural areas and this has shown to work well with clients who elope, makes loud sounds, and are prone to property destruction. The neighbors are far enough away that they do not see things going on outside the home, which can create fears, and they are not inconvenienced by intermittent loud noise.
07/12/2022Amy Westling (Association of Regional Center Agencies)Please see the attached comments from ARCA. ARCA appreciates the opportunity to comment on the amended regulations proposed by the Department of Developmental Services (DDS) related to Community Crisis Homes (CCCH) and Enhanced Behavioral Supports Homes.

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Last modified: July 13, 2022