reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 3 - Application Procedures › Section 83020 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding Section
				  80020, small family homes shall be
				  required to request a fire clearance only prior to accepting one or more
				  disabled children or deciding to continue to provide services to a child
				  determined after placement, to have a disability.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1520
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 3 - Application Procedures › Section 83026 - Safeguards for Cash Resources, Personal Property, and Valuables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding Section
				  80026(c), a
				  licensee shall be permitted to accept appointment and serve as guardian for the
				  person, or estate, or person and estate, of a child.
(1) Such appointment shall be reported to the
				  licensing agency as specified in Section
				  83061(c).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 3 - Application Procedures › Section 83032 - Term of an Initial or Renewal License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing section filed 6-29-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1524
						and
						1525,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 5 - Enforcement Provisions › Section 83051 - Serious Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(See Manual of Policies and Procedures.)
1. New
					 section (Manual of Policy and Procedures handbook only) filed 5-14-97;
					 operative 6-13-97 (Register 97, No. 20).
Note: Authority cited: Section
						17730,
						Welfare and Institutions Code; and Sections
						1530
						and
						1530.5,
						Health and Safety Code. Reference: Sections
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83061 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to Section
				  80061, the following shall
				  apply.
(b) The licensee shall
				  notify the licensing agency and the child's authorized representative in
				  advance when they intends to be absent from the home for 48 hours or longer.
(1) Notification shall be in writing, or by
				  telephone, and shall include:
(A) Dates of
				  intended absence.
(B) Whether the
				  child will accompany the licensee or remain in the home.
(C) Telephone number where licensee may be
				  contacted.
(D) Name, address,
				  telephone number of the substitute specified in Section
				  83064(c).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83064 - Licensee Duties and Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall be responsible for:
(1)
				  Participating with the child in activities.
(2) Participating with agencies and other
				  responsible persons in planning for the needs of the child.
(3) Ensuring that the child is clean and
				  providing the child with training in personal cleanliness and
				  hygiene.
(4) Protecting the child
				  from home accidents.
(5) Making
				  provisions for the child to attend available community treatment or training
				  programs when the child has needs which can be met by such programs.
(6) Participating in activities which
				  increase the licensee's own understanding of, and skill in, caring for
				  children.
(7) Providing for and
				  meeting service needs of the child as identified in the needs and services plan
				  required by section
				  83068.2.
(8) Assisting the child in the development of
				  goals and encouraging them to reach those goals.
(9) Supervising the provision of basic
				  services within the home.
(10)
				  Unless restricted by the case plan adopted by the court or other court order,
				  the licensee shall permit and facilitate connections between the child and the
				  child's siblings, family members, relatives, and non-relative extended family
				  members. Nothing in this section shall be interpreted to require a provider to
				  take any action that would impair the health and safety of children in
				  out-of-home placement.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83065 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to Section
				  80065, the following shall
				  apply.
(b) Physician reports from
				  general practitioners or specialists may be required after licensure if the
				  licensing agency has reason to believe that a licensee's or staff member's
				  physical and/or mental health is not adequate to carry out responsibilities
				  under these regulations.
(1) The licensing
				  agency shall provide the licensee a written explanation of the need for the
				  additional report.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83065.1 - Additional Personnel Requirements for Specialized Small Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee,
				  assistant caregivers, on-call assistance and any other persons providing
				  specialized in-home health care shall comply with the following requirements:
(1) Prior to caring for a child with special
				  health care needs or when the child's needs change, the in-home health care
				  provider shall complete training in specialized in-home health care provided by
				  a health care professional as required by the child's individualized health
				  care plan, except when
(A) The in-home health
				  care provider is a licensed health care professional; and
(B) The child's individualized health care
				  plan team determines that completion of specialized in-home health care
				  training for the child is unnecessary on the basis of the in-home health care
				  provider's medical qualifications and expertise.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83066 - Personnel Records for Specialized Small Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall ensure that the personnel records of all persons subject to the
				  requirements of Section
				  83065.1(a)
				  contain the following:
(1) For any training
				  or additional training from which the licensee or other in-home health care
				  provider is exempt:
(A) Documentation that
				  the child's individualized health care plan team has determined that it is not
				  necessary for the licensee or other in-home health care provider to complete
				  the specialized in-home health care training or additional training.
1. Documentation may be provided in different
				  ways, including, but not limited to, a written statement from a member
				  designated by the team that the team has been notified and has determined that
				  the training or additional training is unnecessary.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83067 - Reasonable and Prudent Parent Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall be responsible for
				  applying the reasonable and prudent parent standard, as defined in Section
				  83001(r)(1), in
				  determining whether to allow a child to participate in age or
				  developmentally-appropriate extracurricular, enrichment, cultural and social
				  activities.
(1) Applying the reasonable and
				  prudent parent standard shall not result in denying the rights of a child as
				  specified in Section
				  16001.9
				  of the Welfare and Institutions Code, Section
				  83072 and, if applicable, Section
				  83072.2, or contradict court
				  orders or the needs and services plan of the child.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83068.1 - Admission Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall develop, maintain and implement admission procedures which shall
				  meet the requirements specified in this section.
(b) Upon placement the licensee or designated
				  person shall:
(1) Request the information
				  specified in Section
				  83068.2.
(2) Obtain the information specified in
				  Section 80070(b)(1) through (b)(5), (b)(7), (b)(8) and
				  (b)(10), and
				  83070(b)(1) through (b)(8), and
				  (b)(14).
(A) Satisfy authorization requirements
				  specified in Section
				  83070(b)(11) if
				  the child is currently taking psychotropic medications.
(3) Complete, and have signed, an admission
				  agreement as specified in Section
				  80068.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83068.2 - Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  the time of placement, the licensee or a designated person shall request for
				  each child, a needs and services plan which describes the child's service
				  needs.
(1) Such plan shall be requested from
				  the child's authorized representative.
(2) The licensee shall use a form approved by
				  the licensing agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83068.3 - Modifications to Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  written needs and services plan shall be updated at least annually and:
(1) As frequently as necessary to ensure
				  accuracy and to document determination of a disability.
(2) As frequently as determined necessary by
				  the child's authorized representative.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83069.1 - Individualized Health Care Plans for Specialized Small Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall not accept a child with special health care needs unless the licensee has
				  obtained an individualized health care plan for the child. The plan shall
				  include the following information:
(1) The
				  name, address, and phone number of the health care professional responsible for
				  monitoring the child's ongoing health care.
(2) The appropriate number of hours of
				  on-site supervision and monitoring, and the appropriate number of hours of
				  off-site supervision and monitoring, needed to be provided by the monitor
				  designated in Section
				  83069.1(a)(1).
(3) Documentation by the child's
				  individualized health care plan team identifying the specialized in-home health
				  care to be administered by a health care professional or responsible adult
				  trained by a health care professional.
(4) Arrangements for in-home health support
				  services if required.
(5) Specific
				  responsibilities of the licensee for the provision of specialized in-home
				  health care, including any required training and/or additional training.
(A) If the specialized small family home has,
				  or will have, four or more children in placement, the individualized health
				  care plan shall include the hours, if any, during which the child will not
				  require an in-home health care provider to deliver specialized in-home health
				  care.
(6) Identification
				  of any available and funded medical services that are to be provided to the
				  child in the home which may include, but is not limited to, assistance from
				  health care professionals.
(7)
				  Identification of any psychological, emotional, behavioral, or medical problems
				  that will be identified in the child's needs and services plan or the medical
				  assessment specified in Section
				  80069.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83070.1 - Additional Children's Records for Specialized Small Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall ensure that records for each child with special health care
				  needs contain the following:
(1) Documentation
				  that the child has been adjudged a dependent of the court under Section
				  300
				  of the Welfare and Institutions Code or has not been adjudged a dependent of
				  the court under Section
				  300
				  of the Welfare and Institutions Code but is in the custody of the county
				  welfare department, or has a developmental disability and is receiving services
				  and case management from a regional center.
(2) A copy of the child's individualized
				  health care plan as specified in Section
				  83069.1.
(3) A copy of the written reassessment of the
				  child's individualized health care plan as specified in Section
				  83069.1(b).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83072 - Personal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility licensed to provide foster care for six or more children shall
				  post a listing of a foster child's rights. The rights posted in the facility
				  shall be consistent with the list of rights specified in both Welfare and
				  Institutions Code section
				  16001.9(a)
				  and in subsection (d) below.
(1) Pursuant to
				  Health and Safety Code section
				  1530.91(b),
				  any facility licensed to provide foster care for six or more children must use
				  material developed by the Office of the Foster Care Ombudsperson to satisfy the
				  posting of the foster child's rights specified above.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83072.1 - Discipline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  form of discipline which violates a child's personal rights as specified in
				  Section 83072 shall be
				  prohibited.
(b) The licensee or
				  caregiver shall not discipline a child as a consequence for refusing to take
				  their medication.
(1) Document the child's
				  medication refusal, as specified in Section
				  83070(b)(12)(G)1.,
				  and within two calendar days contact the child's prescribing
				  physician.
(2) When determining
				  whether a child who has not taken a prescribed psychotropic medication is able
				  to safely participate in an activity, the licensee shall use the Reasonable and
				  Prudent Parent Standard described in Welfare and Institutions Code Section
				  362.05.
				  The determination shall be based upon an individualized consideration of the
				  specific situation and the cognitive, emotional, physical, and behavioral
				  capacities of the child.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83072.2 - Additional Personal Rights for Children with Special Health Care Needs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  specified in this section, Section
				  80072(a)(8) shall
				  not apply to children with special health care needs.
(b) A child with special health care needs
				  has the right to be free from any restraining/postural support device imposed
				  for purposes of discipline or convenience, and not required to treat the
				  child's specific medical symptoms.
(1)
				  Physical restraining devices may be used for the protection of a child with
				  special health care needs during treatment and diagnostic procedures such as,
				  but not limited to, intravenous therapy or catheterization procedures. The
				  restraining device, which shall not have a locking device, shall be applied for
				  no longer than the time required to complete the treatment and shall be applied
				  in conformance with the child's individualized health care plan. The child's
				  individualized health care plan shall include all of the following:
(A) The specific medical symptom(s) that
				  require use of the restraining device.
(B) An evaluation of less restrictive
				  therapeutic interventions and the reason(s) for ruling out these other
				  practices as ineffective.
(C) A
				  written order by the child's physician. The order must specify the duration and
				  circumstances under which the restraining device is to be
				  used.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83074 - Transportation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
				  Section 80074, the following shall
				  apply.
(b) When transporting
				  children in a private motor vehicle the licensee shall secure the children as
				  specified below:
(1) Infants shall be secured
				  in a car seat designed for infants.
(2) All children between two and four years
				  of age and all children who weigh less than 40 pounds, or who have disabilities
				  which prevent them from sitting unassisted, shall be secured in a car seat or
				  harness designed for such children.
(3) Children over four years of age and who
				  weigh over 40 pounds who are able to sit unassisted shall be secured in the
				  vehicle's regular seat belt/harness.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83075 - Health-Related Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to Section
				  80075, the following shall
				  apply.
(b) When a child shows signs
				  of serious illness or injury, the licensee shall have the nature of the illness
				  or injury determined by a physician as quickly as possible.
(c) Whenever a child is exposed to a serious
				  communicable disease, or has any illness or injury which requires medical
				  treatment or for which the cause is unknown, the licensee shall be responsible
				  for ensuring that the child's immediate medical needs are met.
(1) As soon as the child's immediate needs
				  are met, the licensee shall notify the child's authorized
				  representative.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83075.1 - Emergency Medical Assistance, Injections, and Self-Administration of Medications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The licensee shall ensure that staff who provide emergency medical assistance
				  and injections to a child are trained as specified in Health and Safety Code
				  section
				  1507.25.
(1) Prior to administering emergency medical
				  assistance and injections to a child, a staff member shall obtain training from
				  a licensed health care professional practicing within the professional's scope
				  of practice as specified in Health and Safety Code section
				  1507.25.
(2) Staff members shall receive ongoing
				  training as deemed necessary and appropriate by the licensed health care
				  professional as specified in Health and Safety Code section
				  1507.25.
(3) Certification/Proof of/Documentation of
				  the training set forth in paragraphs (1) and (2) shall be maintained in the
				  staff member's personnel file and shall be made available to the department for
				  review upon request.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83076 - Food Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to Section
				  80076, the following shall
				  apply.
(b) There shall always be
				  fresh perishable and nonperishable food in the home in a quantity to meet the
				  needs of the next three meals and the between meal snacks.
(c) Food served to the child shall be healthy
				  and of the same quality as that served to other family members, and meet any
				  special dietary needs or practices, as documented in the needs and services
				  plan for a child, as reported by the child, or as recommended by the physician
				  of a child.
(d) If the child is out
				  of the home during a normal meal time, the licensee shall ensure that
				  alternative arrangements are made for the child to receive a meal.
(e) If the licensee has been informed, or has
				  observed, that the child has an allergy to any food, the licensee shall not
				  serve such food to the child.
(1) If there is
				  doubt about whether a child has an allergy, the licensee shall seek medical
				  verification.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83078 - Responsibility for Providing Care and Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
				  80078, the following shall apply:
(1) The licensee shall provide those services
				  identified in each child's needs and services plan and in the individualized
				  health care plan for each child with special health care needs as necessary to
				  meet the child's needs.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 6 - Continuing Requirements › Section 83079 - Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall provide opportunity for, and encourage participation in,
				  activities, including but not limited to, the following:
(1) Activities that require group
				  interaction.
(2) Physical
				  activities including but not limited to games, sports, and exercise.
(3) Leisure time for the children, and
				  participation with other members of the licensee's family in leisure time
				  activities.
(4) Education through
				  enrollment in public, private or special schools and assistance with school
				  work.
(5) Learning of daily living
				  skills, including but not limited to bathing, dressing, grooming, manners,
				  shopping, cooking, money management, and use of public
				  transportation.
(6) Age or
				  developmentally appropriate extracurricular, enrichment, cultural, and social
				  activities as specified in Welfare and Institutions Code sections
				  362.05
				  and
				  727.
(7) Access to computer technology and the
				  internet, consistent with the child's age, maturity, and developmental
				  level.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 7 - Physical Environment › Section 83087 - Buildings and Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to section
				  80087, the following shall
				  apply.
(b) The licensee shall
				  provide bedrooms in the home which shall meet, at a minimum, the following
				  requirements:
(1) No more than two children
				  shall share a bedroom.
(2) Children
				  of different sexes shall not share a bedroom unless:
(A) Each child is under five years of age,
				  or
(B) A licensee is permitting a
				  child to share a bedroom consistent with their gender identity regardless of
				  the gender or sex listed on the court or child welfare
				  documents.
(3) No room
				  commonly used for other purposes shall be used as a bedroom, except as
				  permitted pursuant to section
				  80024.
(A) Such rooms shall include but not be
				  limited to halls, stairways, unfinished attics or basements, garages, storage
				  areas and sheds or similar detached buildings.
(4) No bedroom shall be used as a public or
				  general passageway to another room.
(5) Except for infants, children shall not
				  share a bedroom with an adult.
(A) In
				  bedrooms shared by adults and infants, no more than one infant and no more than
				  two adults shall share the room.
(B) If two children have been sharing a
				  bedroom and one of them turns 18, they may continue to share the bedroom as
				  long as they remain compatible and the licensing agency has granted an
				  exception, pursuant to section
				  80024.
(6) Subsections
				  83087(b)(1), (2), (3), (4) and
				  (5) apply to all bedrooms used by all
				  children residing in the facility, including children who are members of the
				  licensee's family, guardianship children, and children in placement.
(7) sections
				  83087(b)(3) and
				  (4) apply to all bedrooms used by the
				  licensee(s) and all other adults residing in the facility.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 7 - Physical Environment › Section 83087.1 - Additional Buildings and Grounds Requirements for Specialized Small Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Areas in the home, including bedrooms, bathrooms, toilets, dining areas,
				  passageways and recreational spaces used by a child with special health care
				  needs shall be large enough to accommodate any medical equipment needed by the
				  child therein.
(1) Bedrooms occupied by
				  children with special health care needs shall be large enough to allow the
				  storage of each child's personal items and any required medical equipment or
				  assistive devices, including wheelchairs, adjacent to the child's bed.
(A) The bedroom shall be large enough to
				  permit unobstructed bedside ministration of medical procedures and
				  medications.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 7 - Physical Environment › Section 83087.2 - Outdoor Activity Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall provide outdoor
				  activity space which is free from hazards to life and health.
(1) The outdoor activity space shall include,
				  but not be limited to, activity centers and public parks where the licensee
				  resides in an apartment, condominium, or similar housing arrangement which does
				  not have separate yard space.
(2) A
				  sketch of the physical plant as required in the plan of operation, pursuant to
				  section 80022, shall include the
				  location(s) of outdoor activity space.
(3) The outdoor activity space shall not
				  include any area made inaccessible by fencing pursuant to Section
				  80087(f).
(4) Where natural or man-made hazards such as
				  canals, cliffs, condemned buildings, creeks, ditches, lakes, ocean fronts,
				  mines, power lines, quarries, rivers, ravines, swamps, watercourses, and areas
				  subject to flooding lie on or adjacent to the facility premises, the outdoor
				  activity space shall be inaccessible to such hazards.
(A) Where a fence or wall is used to make the
				  outdoor activity space inaccessible, the requirements of Section
				  80087(f)(1) shall
				  be met.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 7 - Physical Environment › Section 83087.4 - Storage Space. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 5-21-85; effective thirtieth day thereafter (Register 85, No.
					 21).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 4 - Small Family Homes › Article 7 - Physical Environment › Section 83088 - Fixtures, Furniture, Equipment, and Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to Section
				  80088, the following shall
				  apply.
(b) The licensee shall
				  maintain at least one toilet, sink, and tub or shower in the home.
(c) The licensee shall provide each child
				  with an individual bed which is equipped with a clean, comfortable mattress,
				  clean linens, blankets, and pillows, as needed, all in good repair.
(1) No small family home shall have more beds
				  for children's use than required for the maximum capacity approved by the
				  licensing agency.
(A) This requirement shall
				  not apply to the beds made available for illness or separation in an isolation
				  room or area as specified in Section
				  80087(d).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 1 - General Requirements and Definitions › Section 84000 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Group homes, as
				  defined in section
				  80001.g.(1), shall be governed by
				  the provisions specified in this chapter and in chapter 1. General
				  Requirements.
(b) Group homes shall
				  not accept for placement children who are under the age of six years, unless
				  the facility is licensed for that age group and meets the requirements of
				  Subchapter 2, beginning with Section
				  84200.
1. *New
					 chapter 5 (articles 1-7, sections
					 84000-84088.3, not consecutive)
					 filed 10-7-83; designated effective 1-1-84 (Register 83, No. 42). For prior
					 history, see Register 83, No. 10.
* The reorganization of various
					 sections in division 6 into chapter 5 is printed as an adoption for
					 clarity.
2. Change without regulatory effect amending lettering and
					 correcting cross-references filed 5-25-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 28).
3. New subsection (b) and
					 amendment of NOTE filed 9-24-98; operative 9-24-98 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 98, No. 39).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530,
						1530.8
						and
						1531,
						Health and Safety Code; and Section
						11467.1,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 1 - General Requirements and Definitions › Section 84001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Section
					 80001, the following shall
					 apply:
(a)
(1) "Accredited schools, colleges or
				  universities, including correspondence courses offered by the same," means
				  those educational institutions or programs granted public recognition as
				  meeting established standards and requirements of an accrediting agency
				  authorized by the U.S. Secretary of Education.
(2) "Affiliated with licensee" means members
				  of board of directors, executive director, officers and individuals paid by the
				  group home licensee as staff, consultant or contractor used to fulfill the plan
				  of operation.
(3) "Age or
				  developmentally appropriate" means as defined in Welfare and Institutions Code
				  section
				  362.05(c)(2).
(4) "Approved schools, colleges or
				  universities, including correspondence courses offered by the same," means
				  those approved/authorized by the U.S. Department of Education, Office of
				  Postsecondary Education or by the California Department of Consumer Affairs,
				  Bureau for Private Postsecondary and Vocational Education, pursuant to
				  Education Code Sections
				  94900 or
				  94915.
(5) "Assaultive Behavior" means violent,
				  physical actions which are likely to cause immediate physical harm or danger to
				  an individual or others.
(A) Verbal Assault is
				  not considered a form of assaultive behavior.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 1 - General Requirements and Definitions › Section 84002 - Definitions-Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following forms which are incorporated, in their
					 entirety, by reference, apply to the regulations in Title 22, Division 6,
					 Chapter 5 (Group Homes). Additional forms applicable to Group Homes and other
					 residential facilities are incorporated by reference in Section
					 87102.
(a) LIC 624-LE (4/17), Law Enforcement
				  Contact Report.
(b) LIC 9165
				  (2/99), Board of Directors Statement.
(c) PUB 326 (4/99), Facts You Need to Know,
				  Group Home Board of Directors.
(d)
				  Core of Knowledge Guideline (01/16) -- GH 40-Hour Initial
				  Certification.
1. New
					 section filed 6-24-99 as an emergency; operative 7-1-99 (Register 99, No. 26).
					 A Certificate of Compliance must be transmitted to OAL by 12-28-99 pursuant to
					 section 73, chapter 311, Statutes of 1998
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Editorial correction of HISTORY 1 (Register 2000, No.
					 2).
3. Certificate of Compliance as to 6-24-99 order transmitted to
					 OAL 12-1-99 and filed 1-12-2000 (Register 2000, No. 2).
4. Amendment
					 of first paragraph, new subsection (c) and amendment of NOTE filed 12-30-2015;
					 operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
5. Amendment of first paragraph, new
					 subsection (a), subsection relettering and amendment of NOTE filed 8-28-2017;
					 operative 10-1-2017 (Register 2017, No. 35).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1520.1(b)(1),
						1520.1(b)(2),
						1522.41(c)(1)
						and
						1538.7,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 2 - Licensing › Section 84009 - Posting of 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
				  facility.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 2 - Licensing › Section 84010.1 - Term Limits for Specialized Group Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Group homes may provide care and
				  supervision to children with special health care needs provided that either:
(1) The child was placed in the group home
				  before January 1, 1992, and has since resided continuously in the home;
				  or
(2) The child was or will be
				  placed in the group home on or after January 1, 1992, and all of the following
				  conditions are met:
(A) The child has not
				  spent more than 120 calendar days in any group home or combination of group
				  homes while having special health care needs.
1. The 120-day limitation may not be extended
				  except with the written approval of the District or his/her
				  designee.
(B) The
				  placement is on an emergency basis for the purpose of arranging a subsequent
				  placement in a less restrictive setting, such as with the child's natural
				  parents or relatives, with a foster parent or foster family agency, or with
				  another appropriate person or facility.
(C) The county social worker, regional center
				  caseworker or authorized representative for each child in the home determines
				  that the specialized group home can meet the specific needs of his/her
				  child.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 2 - Licensing › Section 84010.2 - Prohibition of Dual Licensure for Specialized Group Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A group home licensee shall not hold any
				  day care, other residential or health care facility license for the same
				  premises as the group home while the home is providing care and supervision to
				  children with special health care needs.
(1)
				  Any group home licensee planning to provide care and supervision to a child
				  with special health care needs who holds a license as specified in Section
				  84010.2(a) shall
				  surrender the license to the licensing agency prior to accepting a child with
				  special health care needs.
(2) The
				  provisions specified in Sections
				  84010.2(a) and
				  (a)(1) shall not apply to existing licensed
				  group homes that meet both of the following:
(A) All children with special health care
				  needs were accepted prior to the effective date of this section; and
(B) No application for a day care, other
				  residential or health facility license was approved for the premises on or
				  after the effective date of this section.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 2 - Licensing › Section 84012 - False Claims; Ineligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a person is determined to have made, disseminated,
					 participated in making, or caused to be made a false or misleading statement
					 pursuant to Section
					 80012(a), and
					 that statement has resulted in a group home overpayment being assessed pursuant
					 to the Manual of Policies and Procedures Section
					 11-402.6 et seq., then such person
					 shall not be eligible for a new license under Division 6 or Division 12 and
					 shall not be eligible to serve as an officer or employee of a new or subsequent
					 licensee under Division 6 or Division 12 until the group home overpayment is
					 fully repaid or otherwise discharged.
1. New
					 section filed 11-5-96; operative 12-5-96 (Register 96, No.
					 45).
Note: Authority cited: Section
						1550,
						Health and Safety Code. Reference: Section
						1550,
						Health and Safety Code; and Sections
						11466.22(a),
						(b), (e) and (f), Welfare and Institutions
						Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 3 - Application Procedures › Section 84018 - Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to Section
				  80018, the following shall
				  apply.
(b) Each applicant shall
				  submit the following to the licensing agency:
(1) A financial plan of operation on forms
				  provided or approved by the department.
(A)
				  Start-up funds shall be available and shall include funds for the first three
				  months of operation.
(B) Start-up
				  funds shall be independent of prospective client fees. In cases of a change of
				  ownership, expected income from clients currently in placement shall be
				  considered.
(C) Start-up funds
				  shall not include funds designated for or used for construction
				  costs.
(D) The licensing agency
				  shall have the authority to require written verification of the availability of
				  the funds specified in (A) above.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 3 - Application Procedures › Section 84022 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to Section
				  80022, the following shall
				  apply.
(b) The plan of operation
				  shall include the following:
(1) A statement
				  regarding the types of children to be served by the facility, including
				  dependent, neglected, delinquent, predelinquent, physically handicapped,
				  developmentally disabled, mentally disordered, or emotionally disturbed
				  children.
(2) A description of
				  services to be provided by the facility which shall include the following:
(A) Procedures for development of a needs and
				  services plan which addresses each child's needs and the services required to
				  meet such needs.
(B) Procedures for
				  review and evaluation of the needs and services plan.
(C) Policy regarding participation f the
				  child and his/her authorized representative(s) in the development of the needs
				  and services plan.
(D) Procedures
				  for implementation and modification of the needs and services plan.
(E) Policies and procedures for the child's
				  discharge when he/she reaches age 18; after needs and services plan goals have
				  been reached; when the needs and services plan has proven to be ineffective; or
				  when it has been determined that the child's continued placement in the
				  facility is detrimental to the child or other children in the
				  facility.
(3) The
				  administrative policies and procedures to be used to implement the facility's
				  plan of operation.
(4) A written
				  Emergency Intervention Plan as specified in Section
				  84322.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 3 - Application Procedures › Section 84026 - Safeguards for Cash Resources, Personal Property, and Valuables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to Section
				  80026, the following shall
				  apply.
(b) The licensee shall have
				  written policies and procedures meeting the requirements in (c) below approved
				  in advance by the licensing agency.
(c) The licensee shall ensure that a child's
				  cash resources are not taken in the form of fines unless the following
				  requirements are met:
(1) All fines levied
				  shall be recorded and explained in the child's file, including the amount of
				  the fine and the reason for the fine.
(2) Such fines shall be maintained in an
				  account separate from the personal or business accounts of the licensee or
				  facility.
(A) Records shall be maintained
				  accounting for any interest earned and expenditures from the account.
(3) All fines collected shall be
				  used for the benefit of the individual child or all children in
				  placement.
(4) The circumstances
				  under which fines are to be imposed shall be specified in writing.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 3 - Application Procedures › Section 84027 - Safeguards for Cash Resources, Personal Property, and Valuables. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of Section
					 84026 to Section
					 84027 filed 12-22-87; operative
					 1-21-88 (Register 88, No. 2).
2. Change without regulatory effect
					 pursuant to Section
					 100, Title 1, California Code of
					 Regulations renumbering former Section
					 84027 to Section
					 84026 filed 1-9-89 (Register 89,
					 No. 3).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 3 - Application Procedures › Section 84030 - Provisional License (Group Home)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions in the General Licensing
				  Requirements, Sections
				  80030(a) through
				  80030(f) and
				  80031, shall not apply to group
				  home licensees and applicants. The provisional license requirements in Sections
				  84030.1,
				  84031,
				  84031.1, and
				  84031.2 shall apply to all group
				  home licensees and applicants.
1. New
					 section filed 7-1-99 as an emergency pursuant to section
					 73 of Chapter 311 of the Statutes
					 of 1998; operative 7-1-99 (Register 99, No. 27). A Certificate of Compliance
					 must be transmitted to OAL by 12-28-99 or emergency language will be repealed
					 by operation of law on the following day.
2. Certificate of
					 Compliance as to 7-1-99 order, including amendment of section and NOTE,
					 transmitted to OAL 12-3-99 and filed 1-14-2000 (Register 2000, No.
					 2).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1520,
						1520.1,
						1524,
						1525.5
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 5 - Group Homes › Article 3 - Application Procedures › Section 84030.1 - Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  group home license applicants who complete an application and who meet the
				  regulatory and statutory requirements shall receive a provisional license for
				  the first twelve months. After eight months of operation, the licensing agency
				  shall conduct a comprehensive review of the facility 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 group home is in substantial compliance with
				  licensing standards, the Department shall issue a permanent group home license
				  except as provided in Section
				  84030.1(b).