Adult Day Programs
Remote Services Directive Department of Developmental Services California November 23, 2022
Adult Day Program Operations and Vaccines COVID 19 April 15, 2021
California Department of Social Services
Provider Information Notice (PINs) Adult and Senior Care (ASC) Program
Adult Day Program Operations and Vaccinations During COVID-19 Pandemic PIN 21-21-ASC
Personal Rights and COVID-19 Vaccines
Licensees should keep in mind the importance of ensuring personal rights of clients/participants throughout the COVID-19 vaccination period. The personal rights of clients/participants include the right to receive or reject medical care or health-related services. Medical care and access to healthcare include receiving the COVID-19 vaccine. No client/participant who refuses to be vaccinated against COVID-19 may be denied participation in any activity or service available to any other client/participant solely based on the decision to not receive the vaccine.
Also, no client/participant who refuses to be vaccinated against COVID-19 may be removed from the ADP based on their decision to not receive the vaccine. Receiving the COVID-19 vaccine is not required by law and is voluntary. Refusal to be vaccinated is a client’s/participant’s right, and therefore is not an authorized reason for removing a client/participant from an ADP.
Facility Staff Acceptance and Refusal of COVID-19 Vaccines
At this time, there is no mandate for COVID-19 vaccination for licensees, volunteers, and facility staff. When COVID-19 vaccinations are made available, they should be offered by employers to employees as recommended by CDPH guidance. Employers should track employees’ and volunteer immunization status by having employees and volunteers complete an acceptance/declination form at the time vaccination is offered and maintaining a copy in the employee’s and volunteer’s file.
Personal Rights and Vaccinations
PIN 21-21-ASC reminds licensees of your facility that:
• You have the right to receive or reject medical care or health-related services, which includes receiving the COVID-19 vaccine.
• If you choose not to be vaccinated, the licensee of your facility cannot deny your participation in any activity or service available to any other client/participant, and you cannot be removed from the ADP solely based on your decision to not receive the vaccine.
• Receiving the COVID-19 vaccine is not required by law and is voluntary.
Facility Staff Acceptance and Refusal of COVID-19 Vaccines
PIN 21-21-ASC provides guidance to your facility that:
• The Department is not requiring COVID-19 vaccination for the licensee of your facility and facility staff.
• The licensee of your facility should keep track of facility staff who have and have not been vaccinated.
St. Madeleine Sophie's Center response dated April 27, 2021
4502. (a) Persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution and laws and the Constitution and laws of the State of California. An otherwise qualified person by reason of having a developmental disability shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives public funds.
(b) It is the intent of the Legislature that persons with developmental disabilities shall have rights including, but not limited to, the following:
(1) A right to treatment and habilitation services and supports in the least restrictive environment. Treatment and habilitation services and supports should
foster the developmental potential of the person and be directed toward the achievement of the most independent, productive, and normal lives possible. Such
services shall protect the personal liberty of the individual and shall be provided with the least restrictive conditions necessary to achieve the purposes of the
treatment, services, or supports.
(2) A right to dignity, privacy, and humane care. To the maximum extent possible, treatment, services, and supports shall be provided in natural community
settings.
(3) A right to participate in an appropriate program of publicly supported education, regardless of degree of disability.
(4) A right to prompt medical care and treatment.
(5) A right to religious freedom and practice.
(6) A right to social interaction and participation in community activities.
(7) A right to physical exercise and recreational opportunities.
(8) A right to be free from harm, including unnecessary physical restraint, or
isolation, excessive medication, abuse, or neglect.
(9) A right to be free from hazardous procedures.
(10) A right to make choices in their own lives, including, but not limited to, where and with whom they live, their relationships with people in their community,
the way they spend their time, including education, employment, and leisure, the pursuit of their personal future, and program planning and implementation.
(11) A right to a prompt investigation of any alleged abuse against them.
(Amended by Stats. 2014, Ch. 178, Sec. 3. (AB 1687) Effective January 1, 2015.)
4502.1. (a) The right of individuals with developmental disabilities to make choices in their own lives requires that all public or private agencies receiving state
funds for the purpose of serving persons with developmental disabilities, including, but not limited to, regional centers, shall respect the choices made by a consumer or, if appropriate, the consumer’s parents, legal guardian, conservator, or authorized representative. Those public or private agencies shall provide consumers with opportunities to exercise decisionmaking skills in any aspect of day–to–day living and shall provide consumers with relevant information in an understandable form to aid the consumer in making his or her choice.
4646. (a) It is the intent of the Legislature to ensure that the individual program plan and provision of services and supports by the regional center system
is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and
the family, where appropriate, as well as promoting community integration, independent, productive, and normal lives, and stable and healthy environments. It
is the further intent of the Legislature to ensure that the provision of services to consumers and their families be effective in meeting the goals stated in the
individual program plan, reflect the preferences and choices of the consumer, and reflect the cost–effective use of public resources.
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