§ 6400.45. Staffing.
(a) A minimum of one staff person for every eight individuals shall be awake and physically present at the home when individuals are awake at the home.
(b) A minimum of 1 staff person for every 16 individuals shall be physically present at the home when individuals are sleeping at the home.
(c) An individual may be left unsupervised for specified periods of time if the absence of direct supervision is consistent with the individual’s assessment and is part of the individual plan, as an outcome which requires the achievement of a higher level of independence.
(d) The staff qualifications and staff ratio as specified in the individual plan shall be implemented as written, including when the staff ratio is greater than required under subsections (a), (b) and (c).
(e) An individual may not be left unsupervised solely for the convenience of the home or the direct service worker.
Authority The provisions of this § 6400.45 amended under sections 201(2), 403(b), 403.1(a) and (b), 901 and 1021 of the Human Services Code (62 P.S. § § 201(2), 403(b), 403.1(a) and (b), 901 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § 4201(2)).
Source The provisions of this § 6400.45 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595; amended August 27, 2010, effective August 28, 2010, 40 Pa.B. 4935; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial pages (381944) to (381945).
Cross References This section cited in 55 Pa. Code § 6000.304 (relating to provisional license factors); 55 Pa. Code § 6400.232 (relating to awake staff persons); and 55 Pa. Code § 6400.273 (relating to exceptions).
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