Section 6500.3. Applicability

(a) This chapter applies to family living homes, except as provided in subsection (f).

(b) This chapter contains the minimum requirements that shall be met to obtain a certificate of compliance. A certificate of compliance shall be obtained prior to an individual with mental retardation living or receiving respite care in a family living home.

(c) This chapter applies to profit, nonprofit, publicly funded and privately funded family living homes.

(d) Each agency administering one or more family living homes shall have at least a sample of their homes inspected by the Department each year. Each new family living home administered by an agency shall be inspected by the Department prior to an individual with mental retardation living or receiving respite care in the home. The certificate of compliance issued to an agency shall specify the location and maximum capacity of each family living home.

(e) A family living home that is not administered by an agency will be inspected by the Department each year.

(f) This chapter does not apply to the following:

(1) Private homes of persons providing care to a relative with mental retardation.

(2) A community home for individuals with mental retardation licensed by the Department in accordance with Chapter 6400 (relating to community homes for individuals with mental retardation).

(3) A foster family care home licensed by the Office of Children, Youth and Families of the Department that serves only foster care children.

(4) A home serving exclusively personal care home, drug and alcohol, mental health or domiciliary care residents.

(5) A home providing room and board for one or two people with mental retardation who are 18 years of age or older and who need a yearly average of 30 hours or less direct training and assistance per week per home, from the agency, the county mental retardation program or the family.

(6) A home providing 90 or fewer calendar days of respite care per calendar year.

Notation

Cross References

This section cited in 55 Pa. Code § 6500.4 (relating to definitions); and 55 Pa. Code § 6500.12 (relating to waivers).