reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 2 - License Required › Section 86509 - Availability of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The license shall be posted in a prominent, publicly accessible location in the
				  crisis nursery.
1. New
					 section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006,
					 No. 43). Pursuant to Statutes 2004, chapter 664, section
					 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-23-2007 as an emergency; operative
					 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 2-23-2007 order transmitted
					 to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate
					 of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No.
					 32).
4. New section refiled 8-7-2007 as an emergency; operative
					 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, and is exempt from OAL
					 review and approval. A Certificate of Compliance must be transmitted to OAL by
					 12-5-2007 or emergency language will be repealed by operation of law on the
					 following day.
5. Certificate of Compliance as to 8-7-2007 order,
					 including amendment of section, transmitted to OAL 11-21-2007 and filed
					 12-31-2007 (Register 2008, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1503,
						1516
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 2 - License Required › Section 86510 - Limitations on Capacity and Ambulatory Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall not permit a crisis
				  nursery to operate beyond the conditions and limitations specified on the
				  license, including the capacity limitation.
(b) Facilities or rooms approved for
				  ambulatory only shall not be used by children who are nonambulatory.
(1) Children whose condition becomes
				  nonambulatory shall not use rooms or areas restricted to children who are
				  ambulatory.
(2) The Department
				  shall have the authority to require children who use ambulatory sections of the
				  crisis nursery to demonstrate that they are ambulatory.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 2 - License Required › Section 86511 - Advertisements and License Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensees shall ensure that each crisis
				  nursery license number is revealed in all advertisements in accordance with
				  Health and Safety Code Section
				  1514.
(b) Correspondence shall be considered a form
				  of advertisement if the intent is to attract clients.
(c) Licensees who operate more than one
				  crisis nursery and use a common advertisement for these crisis nurseries shall
				  be required to list each crisis nursery license number in accordance with
				  Health and Safety Code Section
				  1514.
1. New
					 section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006,
					 No. 43). Pursuant to Statutes 2004, chapter 664, section
					 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-23-2007 as an emergency; operative
					 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 2-23-2007 order transmitted
					 to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate
					 of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No.
					 32).
4. New section refiled 8-7-2007 as an emergency; operative
					 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, and is exempt from OAL
					 review and approval. A Certificate of Compliance must be transmitted to OAL by
					 12-5-2007 or emergency language will be repealed by operation of law on the
					 following day.
5. Certificate of Compliance as to 8-7-2007 order,
					 including amendment of subsection (a), transmitted to OAL 11-21-2007 and filed
					 12-31-2007 (Register 2008, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1514
						and
						1516,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 2 - License Required › Section 86512 - False Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall ensure that no officer or employee of the licensee makes or
				  disseminates any false or misleading statement regarding the crisis nursery or
				  any of the services provided by the crisis nursery.
(1) If a person is determined to have made,
				  disseminated, participated in making, or caused to be made a false or
				  misleading statement and that statement has resulted in a crisis nursery
				  overpayment being assessed pursuant to the Manual of Policies and Procedures
				  Section 11-402.6 et seq., then such person
				  shall not be eligible to be a licensee, an officer, or an employee of, a new or
				  subsequent licensee under Title 22, Division 6 or Division 12 until the crisis
				  nursery overpayment is fully repaid or otherwise
				  discharged.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86517 - Nondiscrimination of Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any adult shall be permitted to apply on the applicant's
					 behalf for a license regardless of age, sex, race, religion, color, political
					 affiliation, national origin, disability, marital status, actual or perceived
					 sexual orientation, gender identity, HIV status, or ancestry.
1. New
					 article 3 (sections
					 86517-86536) and section filed
					 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43).
					 Pursuant to Statutes 2004, chapter 664, section
					 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New article 3 (sections
					 86517-86536) and section refiled
					 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant
					 to Statutes 2004, chapter 664, section
					 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 2-23-2007 order transmitted
					 to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate
					 of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No.
					 32).
4. New article 3 (sections
					 86517-86536) and section refiled
					 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant
					 to Statutes 2004, chapter 664, section
					 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, and is exempt from OAL
					 review and approval. A Certificate of Compliance must be transmitted to OAL by
					 12-5-2007 or emergency language will be repealed by operation of law on the
					 following day.
5. Certificate of Compliance as to 8-7-2007 order,
					 including amendment of section heading and section, transmitted to OAL
					 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. Amendment
					 of section and NOTE filed 7-9-2008; operative 8-8-2008 (Register 2008, No.
					 28).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Section
						51, Civil Code;
						Sections
						1516,
						1520
						and
						1530,
						Health and Safety Code; and Section
						16013,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86518 - Application for a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to filing an application, the applicant shall attend a crisis nursery
				  orientation provided by the Department.
(1)
				  The orientation shall cover, but not be limited to, the following areas:
(A) Completion of the application for
				  license.
(B) Scope of operation
				  subject to regulation by the Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86519 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department shall conduct a criminal record review of all individuals
				  specified in Health and Safety Code Section
				  1522(a) and
				  (b)(1) and shall have the authority to
				  approve or deny a crisis nursery license, or employment, residence, or presence
				  in the crisis nursery, based upon the results of such review.
(1) Volunteers in a crisis nursery shall be
				  fingerprinted for the purpose of conducting a criminal record review as
				  specified in Health and Safety Code Section
				  1526.8(b)(1).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86519.1 - Criminal Record Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) While considering allowing or denying an
				  exemption, the Department shall notify a licensee to act immediately to remove
				  from the crisis nursery or bar from entering the crisis nursery any of the
				  following persons:
(1) Any person who has
				  been convicted of, or is awaiting trial for, a sex offense against a
				  minor;
(2) Any person who has been
				  convicted of a felony;
(3) Any
				  person who has been convicted of an offense specified in Penal Code Sections
				  243.4,
				  273a,
				  273d,
				  273g, or
				  368;
(4) In addition to Health and Safety Code
				  Section
				  1522(c)(3),
				  any person who has been convicted of any of the following crimes:
(A) Battery;
(B) Shooting at Inhabited Dwelling;
(C) Corporal Injury on
				  Spouse/Cohabitant;
(D) Discharging
				  Firearm with Gross Negligence;
(E)
				  Exhibiting Weapon/Firearm;
(F)
				  Threat to Commit a Crime Resulting in Gross Bodily Injury or Death;
(G) Criminal Threat to Harm or Injure Another
				  Person;
(H) Cruelty to
				  Animals;
(I) Willful Harm or Injury
				  to Child; or
(5) Any
				  other person ordered to be removed by the Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86519.2 - Child Abuse Central Index

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to issuing a crisis nursery
				  license, the Department shall conduct a Child Abuse Central Index (CACI) review
				  pursuant to Health and Safety Code Section
				  1522.1
				  and Penal Code Section
				  11170(b)(3).
				  The Department shall check the CACI for all individuals subject to a criminal
				  record review, pursuant to Health and Safety Code Section
				  1522(b)
				  and shall approve or deny a crisis nursery license, employment, residence, or
				  presence in the crisis nursery based on the results of the review.
(1) The applicant shall submit the Child
				  Abuse Central Index check (LIC 198A), which is incorporated by reference for
				  state licensed facilities, and LIC 198, which is incorporated by reference for
				  county licensed, facilities), for all individuals required to be checked,
				  directly to the California Department of Justice at the same time that the
				  individual's fingerprints are submitted for a criminal background check as
				  required by Section
				  86519, Criminal Record Clearance.
(A) Individuals who have submitted the Child
				  Abuse Central Index check (LIC 198A) with fingerprints on or after January 1,
				  1999 need not submit a new check if they can transfer their criminal record
				  clearance or exemption pursuant to Section
				  86519(f) or
				  Section 86519.1(r).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86520 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All crisis nurseries shall secure and maintain a fire clearance approved by the
				  city or county fire department, or the district providing fire protection
				  services, or the State Fire Marshal.
(1) The
				  request for fire clearance shall be made through and maintained by the
				  Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86521 - Water Supply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  crisis nurseries where water for human consumption is from a private water
				  source shall meet the following requirements:
(1) As a condition of initial licensure, the
				  applicant shall provide evidence of an on-site inspection of the private water
				  source and a bacteriological analysis which establishes the safety of the
				  water, conducted by the local health department, the California Department of
				  Public Health, or a licensed commercial laboratory.
(2) Subsequent to initial licensure, the
				  licensee shall provide evidence of a bacteriological analysis of the private
				  water source as frequently as necessary to ensure childrens' safety, but no
				  less frequently than specified in the following table:
LICENSED
							 CAPACITY
ANALYSIS
							 REQUIRED
PERIODIC SUBSEQUENT ANALYSIS
6 or fewer
Initial Licensing
Not
							 required unless evidence supports the need for such analysis to protect
							 clients.
7 through 14
Initial
							 Licensing
Annually
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86523 - Emergency Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall develop and provide a current, written emergency plan to the
				  Department and post a copy of the emergency plan in the crisis
				  nursery.
(b) The emergency plan
				  shall include instructive procedures and information, telephone numbers for
				  local emergency agencies, and a 24-hour emergency number for the licensee and
				  the child's authorized representative.
(c) The licensee shall ensure that staff
				  understand and are capable of implementing the emergency plan.
(d) Emergency training exercises shall be
				  conducted at least every six months.
(1)
				  Completion of such training exercises shall not require travel away from the
				  crisis nursery grounds or contact with local emergency agencies.
(2) Emergency training exercises shall be
				  documented, signed and maintained on file in the crisis nursery for at least
				  one year.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86524 - Waivers and Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless prior written Department approval is received as specified in Section
				  86524(d), the
				  licensee shall maintain continuous compliance with the licensing
				  regulations.
(b) The Department
				  shall have the authority to waive or grant an exception to a specific
				  regulation(s) if the request demonstrates how the intent of the regulation(s)
				  will be met and under the following circumstances:
(1) A waiver or exception shall in no
				  instance be detrimental to the health and safety of any child.
(2) The Administrator or Administrator
				  Designee shall submit to the Department a written request for a waiver or
				  exception, together with substantiating evidence supporting the
				  request.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86526 - Safeguards for Personal Property and Valuables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each child's personal property and
				  valuables shall be separate and intact.
(b) The licensee shall ensure that accurate
				  records of personal property and valuables entrusted to the crisis nursery are
				  maintained.
(c) When a child leaves
				  placement in the crisis nursery, the administrator or designee shall surrender
				  all of the child's personal property and valuables to the child's authorized
				  representative.
(1) The administrator or
				  designee shall obtain and retain a receipt signed by the authorized
				  representative.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86527 - Initial Review of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 90 days of receipt by the
				  Department of the application and supporting documents described in Section
				  86518, Application For A License,
				  the Department shall give written notice to the applicant of one of the
				  following:
(1) The application is complete
				  and accepted for consideration.
(2)
				  The application is deficient, describing what documents are missing or
				  inadequate, and informing the applicant that the information must be submitted
				  within 30 days of the date of the notice.
(A)
				  If the applicant does not submit the requested information within the 30 days,
				  the application shall be deemed withdrawn unless either the Department has
				  denied the application or the crisis nursery is under
				  construction.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86528 - Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A crisis nursery license shall be issued
				  for a specific capacity.
(1) The maximum
				  licensed capacity for a crisis residential overnight program shall be 14
				  children.
(2) Any facility licensed
				  on or before January 1, 2004, as a group home for children under the age of six
				  years with a licensed capacity of greater than 14, but less than 21, that
				  provides crisis nursery services, shall be allowed to retain its capacity if
				  issued a crisis nursery license until the time there is a change in the
				  licensee's program, location, or client population.
(3) The maximum licensed capacity for crisis
				  day services shall be based on 35 square feet of indoor activity space per
				  child. Bedrooms, bathrooms, halls, offices, isolation areas, food-preparation
				  areas, and storage places shall not be included in the calculation of indoor
				  activity space. The floor area under tables, desks, chairs, and other equipment
				  intended for use as part of children's activities shall be included in the
				  calculation of indoor space.
(4)
				  There shall be at least 75 square feet per child of outdoor activity space
				  based on the total licensed capacity. Swimming pools, adjacent pool decking,
				  and natural or man-made hazards shall not be included in the calculation of
				  outdoor activity space.
(5) A child
				  who has been voluntarily placed in a crisis residential overnight program shall
				  be included in the licensed capacity for crisis day
				  services.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86529 - Withdrawal of an Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An applicant shall have the right to withdraw an application.
(1) Withdrawal of an application shall be in
				  writing.
(2) The application fee in
				  Section 86536(a) shall be
				  forfeited.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86531 - Issuance of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 90 days of the date that a completed application, as defined in Section
				  86501(c), has
				  been received, the Department shall give written notice to the applicant of one
				  of the following:
(1) The application has been
				  approved.
(2) The application has
				  been denied.
(A) The notice of denial shall
				  include the information specified in Section
				  86540(b)(1).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86531.1 - Issuance of a Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All crisis nursery license applicants who
				  complete an application and meet regulatory and statutory requirements shall
				  receive a provisional license for the first 12 months of operation. After eight
				  months of operation, the Department shall conduct a comprehensive review of the
				  crisis nursery for compliance with all applicable laws and regulations and
				  shall assist the applicant to develop a plan of correction when necessary.
(1) Before the first business day of the
				  thirteenth month of operation, if the Department determines that the crisis
				  nursery is in substantial compliance with licensing standards, the Department
				  shall issue a permanent crisis nursery license, except as follows:
(A) If the Department determines that the
				  crisis nursery is in substantial compliance with licensing standards, the
				  Department may extend the provisional license for up to an additional six
				  months if the crisis nursery requires additional time to be in full compliance
				  with licensing standards.
1. By no later than
				  the first business day of the seventeenth month of operation, the Department
				  shall conduct an additional review of a crisis nursery for which the
				  provisional license is extended, to determine whether a permanent license
				  should be issued.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86531.2 - Issuance of a Permanent License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the first business day of the
				  thirteenth month (up to nineteen months, if an extension was granted in
				  accordance with Section
				  86531.1(a)(1)(A))
				  after the effective date of the provisional license, pursuant to Section
				  86531.1, Issuance of a Provisional
				  License, the Department shall give written notice to the crisis nursery
				  applicant of one of the following:
(1) A
				  permanent license has been approved.
(2) A permanent license has been denied.
(A) The notice of denial shall include the
				  information specified in Section
				  86540(b)(1).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86534 - Submission of a New Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall file a new application
				  as required by Section
				  86518, Application for a License,
				  whenever there is a change in conditions or limitations described on the
				  current license, or other changes including, but not limited to, the following:
(1) Any change in the location of the crisis
				  nursery.
(2) Any change of
				  licensee, including but not limited to, the following:
(A) Separating from a parent
				  corporation.
(B) Merger with
				  another corporation.
(3)
				  Any change in facility category.
(4) Any increase in capacity.
(5) A permanent change in any child in care
				  from ambulatory to nonambulatory status.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86535 - Conditions for Forfeiture of a Crisis Nursery License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Conditions for forfeiture of a crisis
				  nursery license may be found in Health and Safety Code Section
				  1524.
(1) "Licensee abandons the crisis nursery"
				  shall mean the licensee informs the Department that the licensee no longer
				  accepts responsibility for the crisis nursery, or the Department is unable to
				  determine the licensee's whereabouts after making at least one (1) phone call
				  per day, to the licensee's last telephone number of record, for five (5)
				  consecutive workdays with no response; and sending a certified letter,
				  requesting the licensee to contact the Department, to the licensee's last
				  mailing address of record with no response within seven (7) calendar
				  days.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 3 - Application Procedures › Section 86536 - Licensing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall charge applicants and licensees fees in accordance with Health
				  and Safety Code Section
				  1523.1.
(b) The application and annual fees shall be
				  nonrefundable, except as provided in Government Code Section
				  13143.
1. New
					 section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006,
					 No. 43). Pursuant to Statutes 2004, chapter 664, section
					 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-23-2007 as an emergency; operative
					 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 2-23-2007 order transmitted
					 to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate
					 of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No.
					 32).
4. New section refiled 8-7-2007 as an emergency; operative
					 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, and is exempt from OAL
					 review and approval. A Certificate of Compliance must be transmitted to OAL by
					 12-5-2007 or emergency language will be repealed by operation of law on the
					 following day.
5. Certificate of Compliance as to 8-7-2007 order,
					 including amendment of section heading and subsection (b), transmitted to OAL
					 11-21-2007 and filed 12-31-2007 (Register 2008, No.
					 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1516,
						1523.1
						and
						1524,
						Health and Safety Code; and Section
						13143,
						Government Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 4 - Administrative Actions › Section 86540 - Denial of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as specified in Section
				  86531.1, Issuance of a Provisional
				  License, the Department shall deny an application for an initial license if it
				  is determined that the applicant is not in compliance with applicable law and
				  regulation.
(1) The Department shall have the
				  authority to deny an application for an initial license if the applicant has
				  failed to pay any civil penalty assessments pursuant to Section
				  86558, Unlicensed Facility
				  Penalties, or in accordance with a final judgment issued by a court of
				  competent jurisdiction, unless payment arrangements acceptable to the
				  Department have been made.
(2) An
				  application for licensure shall be denied as specified in Health and Safety
				  Code Sections
				  1520.11(b),
				  (d) and
				  1550.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 4 - Administrative Actions › Section 86542 - Revocation or Suspension of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the authority
				  to suspend or revoke a crisis nursery license on any of the grounds specified
				  in Health and Safety Code Sections
				  1550
				  and
				  1550.5.
(b) Proceedings to hear a revocation action
				  or a revocation and temporary suspension action shall be conducted pursuant to
				  the provisions of Health and Safety Code Section
				  1551.
(c) For a revocation and temporary suspension
				  action, the Director shall request the Office of Administrative Hearings to
				  hold the hearing as soon as possible but not later than 30 calendar days after
				  receipt of the notice of defense.
1. New
					 section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006,
					 No. 43). Pursuant to Statutes 2004, chapter 664, section
					 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-23-2007 as an emergency; operative
					 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 2-23-2007 order transmitted
					 to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate
					 of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No.
					 32).
4. New section refiled 8-7-2007 as an emergency; operative
					 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, and is exempt from OAL
					 review and approval. A Certificate of Compliance must be transmitted to OAL by
					 12-5-2007 or emergency language will be repealed by operation of law on the
					 following day.
5. Certificate of Compliance as to 8-7-2007 order
					 transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No.
					 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1516,
						1550,
						1550.5
						and
						1551,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 4 - Administrative Actions › Section 86544 - Inspection Authority of the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the inspection
				  authority specified in Health and Safety Code Sections
				  1526.5,
				  1533,
				  1534
				  and
				  1538.
(b) The Department shall have the authority
				  to interview children or staff.
(1) The
				  licensee shall make provisions for private interviews with any children or any
				  staff member.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 4 - Administrative Actions › Section 86545 - Evaluation Visits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Crisis Nurseries shall be evaluated as specified in Health and Safety Code
				  Section
				  1534.
(b) The Department shall have the authority
				  to make any number of other visits to a crisis nursery in order to determine
				  compliance with applicable law and regulation.
(c) Any duly authorized officer, employee, or
				  agent of the Department may, upon presentation of proper identification, enter
				  and inspect any place providing personal care, supervision, and services at any
				  time, with or without advance notice, to secure compliance with, or to prevent
				  a violation of, any provision of Chapter 7.3.
1. New
					 section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006,
					 No. 43). Pursuant to Statutes 2004, chapter 664, section
					 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-23-2007 as an emergency; operative
					 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 2-23-2007 order transmitted
					 to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate
					 of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No.
					 32).
4. New section refiled 8-7-2007 as an emergency; operative
					 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, and is exempt from OAL
					 review and approval. A Certificate of Compliance must be transmitted to OAL by
					 12-5-2007 or emergency language will be repealed by operation of law on the
					 following day.
5. Certificate of Compliance as to 8-7-2007 order,
					 including amendment of section and NOTE, transmitted to OAL 11-21-2007 and
					 filed 12-31-2007 (Register 2008, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1516,
						1533,
						1534
						and
						1538,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 4 - Administrative Actions › Section 86546 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An individual
				  can be prohibited from serving as a member of a board of directors, executive
				  director, or officer; from being employed or allowing an individual in a crisis
				  nursery as specified in Health and Safety Code Sections
				  1558
				  and
				  1558.1.
1. New
					 section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006,
					 No. 43). Pursuant to Statutes 2004, chapter 664, section
					 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 2-23-2007 as an emergency; operative
					 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, exempt from review by
					 OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 2-23-2007 order transmitted
					 to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate
					 of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No.
					 32).
4. New section refiled 8-7-2007 as an emergency; operative
					 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664,
					 section 11 (SB 855) this regulatory action
					 is deemed to be an emergency and necessary for the immediate preservation of
					 the public peace, health, safety, or general welfare, and is exempt from OAL
					 review and approval. A Certificate of Compliance must be transmitted to OAL by
					 12-5-2007 or emergency language will be repealed by operation of law on the
					 following day.
5. Certificate of Compliance as to 8-7-2007 order,
					 including amendment of section, transmitted to OAL 11-21-2007 and filed
					 12-31-2007 (Register 2008, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1516,
						1558
						and
						1558.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 5 - Enforcement Provisions › Section 86552 - Deficiencies in Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a licensing evaluation is conducted and the licensing program analyst
				  determines that a deficiency exists, the licensing program analyst shall issue
				  a notice of deficiency, unless the deficiency is not serious and is corrected
				  during the visit.
(b) Prior to
				  completion of a visit, the administrator, or other person in charge of the
				  crisis nursery, shall meet with the licensing program analyst to discuss any
				  deficiencies noted, to jointly develop a plan for correcting each deficiency,
				  and to acknowledge receipt of the notice of deficiency.
(c) The licensing program analyst shall
				  provide notice of deficiency to the licensee by one of the following:
(1) Personal delivery to the administrator,
				  at the completion of the visit.
(2)
				  If the administrator is not at the crisis nursery site, the notice shall be
				  given to the person in charge of the crisis nursery at the completion of the
				  visit and mailed to the licensee.
(3) If the administrator or the person in
				  charge of the crisis nursery refuses to accept the notice, a notation of the
				  refusal shall be written on the notice and a copy left at the crisis nursery
				  and mailed to the licensee.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 5 - Enforcement Provisions › Section 86553 - Follow-Up Visits to Determine Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A follow-up visit shall be conducted to
				  determine compliance with the plan of correction specified in the notice of
				  deficiency.
(1) At a minimum, a follow-up
				  visit shall be conducted within ten working days following the dates of
				  corrections specified in the notice of deficiency, unless the licensee has
				  demonstrated that the deficiency was corrected as required.
(2) No penalty shall be assessed unless a
				  follow-up visit is conducted.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 5 - Enforcement Provisions › Section 86554 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A notice of
				  penalty shall be in writing and include:
(1)
				  The amount of penalty assessed and the date payment is due.
(2) The name and address of the agency
				  responsible for collecting the penalty.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 5 - Enforcement Provisions › Section 86555 - Administrative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee or designated representative shall have the right to request a review
				  of a notice of deficiency and notice of penalty within 10 working days of
				  receipt of such notice(s).
(1) If the
				  deficiency has not been corrected, civil penalties shall continue to accrue
				  during the review process.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 5 - Enforcement Provisions › Section 86555.1 - Denial or Revocation of a License for Failure to Pay Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall be responsible for paying civil penalties.
(1) Unless otherwise provided, the transfer,
				  surrender, forfeiture or revocation of a license shall not affect the
				  licensee's responsibility for paying any civil penalties accrued while the
				  license was in effect.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 5 - Enforcement Provisions › Section 86558 - Unlicensed Facility Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of $200 per day shall be
				  assessed for the operation of an unlicensed facility under either of the
				  following conditions:
(1) The operator has
				  not submitted a completed application for licensure within 15 calendar days of
				  issuance of the Notice of Operation in Violation of Law pursuant to Section
				  86506, Operation Without A
				  License, and continues to operate.
(A) For
				  purposes of this section, an application shall be deemed completed if it
				  includes the information required in Section
				  86518, Application for a
				  License.
(B) The completed
				  application shall be deemed to be submitted when received by the
				  Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7.3 - Crisis Nurseries › Article 5 - Enforcement Provisions › Section 86559 - Unlicensed Facility Administrative Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed crisis nursery operator or
				  designated representative shall have the right to appeal the penalty assessment
				  within 10 working days after service of the penalty assessment.
(1) If the unlicensed crisis nursery
				  operation has not ceased, the $200 per day penalty shall continue to accrue
				  during the appeal process.