reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 2 - Administrative › Section 89286 - Alterations to Existing Foster Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensing agency shall have the
				  authority to require that the caregiver have a building inspection by a local
				  building inspector if the agency suspects that a hazard to health and safety
				  exists.
1.
					 Renumbering of former section
					 87086 to section
					 89286, including amendment of
					 section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register
					 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by
					 10-29-2002 or emergency language will be repealed by operation of law on the
					 following day.
2. Renumbering of former section
					 87086 to section
					 89286, including amendment of
					 section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002
					 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL
					 by 2-26-2003 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 10-28-2002 order
					 transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No.
					 15).
4. Amendment of NOTE filed 3-4-2010; operative 4-3-2010
					 (Register 2010, No. 10).
Note: Authority cited: Sections
						1530
						and
						1530.5,
						Health and Safety Code; and Assembly Bill (AB) 1695 (Chapter 653, Statutes of
						2001). 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 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89317 - Nondiscrimination of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any adult shall be permitted to apply for a license or
					 approval 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
					 89317-89388) and renumbering of
					 former section
					 87017(a)-(c)(2)(C)
					 to section
					 89317, including amendment of
					 section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register
					 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by
					 10-29-2002 or emergency language will be repealed by operation of law on the
					 following day.
2. New article 3 (sections
					 89317-89388) and renumbering of
					 former section
					 87017(a)-(c)(2)(C)
					 to section
					 89317, including amendment of
					 section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002
					 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL
					 by 2-26-2003 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 10-28-2002 order
					 transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No.
					 15).
4. Change without regulatory effect amending subsection (a) and
					 NOTE filed 12-10-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 50).
5. Repealer and new section
					 heading, repealer of subsection (a) designator and subsections (b)-(c),
					 amendment of first paragraph and amendment of NOTE filed 7-9-2008; operative
					 8-8-2008 (Register 2008, No. 28).
6. Amendment of article heading
					 and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No.
					 10).
Note: Authority cited: Sections
						1530
						and
						1530.5,
						Health and Safety Code. Reference: Section
						51, Civil Code;
						Section
						1520,
						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 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89318 - Applicant Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant shall have the knowledge,
				  ability, and willingness to comply with the applicable laws and regulations
				  and:
(1) Provide care and supervision
				  appropriate to a "child," including communicating with the "child,"
(2) Maintain or supervise the maintenance of
				  all records that pertain to a "child" as specified in Section
				  89226, Safeguards for Cash
				  Resources, Personal Property, and Valuables, and Section
				  89370, Children's
				  Records,
(3) Direct the work of
				  others in providing care when applicable,
(4) Apply the reasonable and prudent parent
				  standard as specified in Welfare and Institutions Code sections
				  362.04,
				  362.05,
				  727,
				  and Section
				  89377, Reasonable and Prudent
				  Parent Standard,
(5) Promote a
				  normal, healthy, balanced, and supported childhood experience and treat a
				  "child" as part of the family, to the extent possible,
(6) Prepare a "child" for adulthood,
				  and
(7) Attend training and
				  professional development.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89319 - Criminal Record Clearance Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All persons subject to criminal record review shall obtain
					 a criminal record clearance from the California Department of Social Services
					 or county as appropriate. Such review will require submission of completed
					 fingerprints pursuant to Health and Safety Code section
					 1522.
					 The licensing or approval agency will also conduct a search of the Child Abuse
					 Clearance Index and child abuse records. The licensing or approval agency may
					 conduct an authorized search of the California Law Enforcement
					 Telecommunications System (CLETS).
1. New
					 section filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No.
					 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 10-28-2002 as an emergency; operative
					 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-26-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003
					 (Register 2003, No. 15).
4. Amendment filed 3-4-2010; operative
					 4-3-2010 (Register 2010, No. 10).
Note: Authority cited: Sections
						1530,
						1530.5
						and
						1531,
						Health and Safety Code; and Section
						21 of Assembly Bill (AB) 1695
						(Chapter 653, Statutes of 2001). Reference: Sections
						1501,
						1501.1,
						1522
						and
						1522.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89323 - Emergency Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The caregiver shall post emergency telephone numbers in a prominent location.
(1) The caregiver shall discuss and practice
				  emergency procedures with a "child" as age and developmentally appropriate at
				  time of new placement and every six months.
(2) The caregiver shall ensure that
				  occasional short-term babysitters, as defined in Section
				  89201, subsection (o)(1), and
				  alternative caregivers as defined in Section
				  89201, subsection (a)(3), know the
				  location of the emergency numbers.
(A) The
				  caregiver shall review the emergency procedures with the babysitter or
				  alternative caregiver.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89361 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The caregiver shall report to the licensing or approval agency and the person
				  or agency responsible for placing a "child" when any of the following events
				  occur. This report shall be made by telephone, e-mail, or fax within 24 hours
				  after the event occurs or within the agency's next business day.
(1) Death of any child.
(2) Any suspected child abuse or neglect, as
				  defined in Penal Code section
				  11165.6.
(3) Any injury to or illness of a "child"
				  that requires emergency medical treatment or hospitalization.
(4) Any unusual incident or absence of a
				  "child" which threatens the physical or emotional health or safety of any child
				  in the home.
(5) Communicable
				  disease outbreak as reported to the caregiver by a health professional or by
				  the local health authority.
(6)
				  Poisonings.
(7) Fires or explosions
				  which occur in or on the premises.
(8) If the caregiver operates a family day
				  care home as defined in Health and Safety Code section
				  1596.78.
(9) All changes in household composition
				  including, but not limited to:
(A) An
				  addition to the caregiver's family, including when the caregiver becomes
				  guardian or conservator for any child or other person.
(B) Any adult moving in or out of the
				  home.
(C) Except for a "child"
				  under the jurisdiction of the court and placed by the county, anyone living in
				  the home who reaches their 18th birthday.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89373 - Telephones

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Telephone service shall be readily accessible in the home
					 at all times, unless alternative telephone access is approved and documented by
					 the licensing or approval agency using a Documented Alternative Plan (LIC 974)
					 as defined in Section
					 89201, subsection
					 (d)(5).
1.
					 Renumbering of former section
					 87073 to section
					 89373, including amendment of
					 section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register
					 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by
					 10-29-2002 or emergency language will be repealed by operation of law on the
					 following day.
2. Renumbering of former section
					 87073 to section
					 89373, including amendment of
					 section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002
					 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL
					 by 2-26-2003 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 10-28-2002 order
					 transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No.
					 15).
4. Amendment of section and NOTE filed 3-4-2010; operative
					 4-3-2010 (Register 2010, No. 10).
Note: Authority cited: Sections
						1530
						and
						1530.5,
						Health and Safety Code; and Section
						21 of Assembly Bill (AB) 1695
						(Chapter 653, Statutes of 2001). Reference: Sections
						1501,
						1520
						and
						1531,
						Health and Safety Code; and Section
						361.2(j)(1)(A),
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89374 - Transportation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver
				  shall ensure that persons who transport a "child" use vehicles that are in safe
				  operating condition.
(1) The caregiver and
				  their staff are prohibited from smoking a tobacco product, or permitting any
				  person from smoking a tobacco product in a motor vehicle that is regularly used
				  to transport children, regardless of when the children are present. This
				  prohibition applies when the motor vehicle is moving or at rest. Smoking has
				  the same meaning as in subdivision (c) of Section
				  22950.5
				  of the Business and Professions Code, and tobacco product means a product or
				  device as defined in subdivision (d) of Section
				  22950.5
				  of the Business and Professions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89376 - Food Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  caregiver shall provide or ensure at least three nutritious meals per day, have
				  between-meal snacks available, provide food as necessary, and meet any special
				  dietary needs documented in the written plan identifying the specific needs and
				  services of the "child," unless the physician of a "child" advises otherwise.
(1) The quantity and quality of food
				  available to household members shall be equally available to a
				  "child."
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89377 - Reasonable and Prudent Parent Standard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver shall be responsible for
				  applying the reasonable and prudent parent standard as defined in Section
				  89201(r)(1), in
				  determining whether to allow a "child" to participate in age or
				  developmentally-appropriate extracurricular, enrichment, cultural, and social
				  activities.
(b) Applying the
				  reasonable and prudent parent standard shall not result in denying the rights
				  of a "child" as specified in Welfare and Institutions Code section
				  16001.9
				  and Section
				  89372 or, if applicable, Section
				  89572.2, or contradict court
				  orders or the written plan identifying the specific needs and services of the
				  "child."
(c) In applying the
				  reasonable and prudent parent standard, the caregiver shall consider:
(1) The age, maturity, and developmental
				  level of a "child;"
(2) The nature
				  and inherent risks of harm of the activity; and
(3) The best interests of a "child" based on
				  information provided to, or known by, the caregiver about the "child". This
				  information includes the history, behavioral tendencies, mental and physical
				  health, medications, abilities and limitations, sexual orientation, gender
				  identify, developmental level, and court orders for the "child".
(A) The caregiver may contact the "child's"
				  social worker, physician, counselor, or educator to obtain information
				  described above in paragraph (3).
(4) The importance of encouraging a "child's"
				  emotional and developmental growth.
(A)
				  Emotional and developmental growth includes, but is not limited to, the
				  following:
1. The "child's" level of
				  understanding about healthy relationships;
2. The "child's" level of understanding about
				  sexuality and body development;
3.
				  The "child's" feelings about spirituality; and
4. Other stages of maturity experienced
				  during adolescence and youth.
(5) The importance of providing the "child"
				  with a sense of normalcy in the most family-like living experience
				  possible.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89378 - Responsibility for Providing Care and Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver shall provide care and
				  supervision as necessary to meet the needs of a "child." At a minimum, the
				  caregiver shall provide those services as specified in the written plan
				  identifying the specific needs and services of the "child," placement
				  agreement, and Transitional Independent Living Plan (TILP) if applicable.
(1) The caregiver may arrange for other care
				  and supervision as follows:
(A) Occasional
				  Short-term Babysitter.
1. If the caregiver
				  anticipates being absent from the home for no more than 24 hours at a time, on
				  an occasional basis, the caregiver is permitted to arrange for an occasional
				  short-term babysitter to provide care and supervision to a "child."
2. The caregiver shall apply the reasonable
				  and prudent parent standard specified in Welfare and Institutions Code section
				  362.04
				  and Section
				  89377, Reasonable and Prudent
				  Parent Standard, in determining and selecting appropriate babysitters for
				  occasional short-term use.
3. An
				  occasional short-term babysitter may be under 18 years of age, but shall have
				  the maturity, experience, and ability necessary to provide adequate care and
				  supervision to a "child."
a. A "child" may act
				  as an occasional short-term babysitter, however the caregiver shall apply the
				  reasonable and prudent parent standard as specified in Section
				  89377, Reasonable and Prudent
				  Parent Standard, to determine whether that is appropriate. Under no
				  circumstances shall a "child" be required to babysit.
4. When a "child" is in the care of an
				  occasional short-term babysitter, the caregiver shall ensure that the
				  babysitter knows how to contact the caregiver in case of an
				  emergency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89379 - Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A "child" shall
				  be entitled to participate in age or developmentally appropriate
				  extracurricular, enrichment, cultural, and social activities.
(b) The caregiver shall permit and promote
				  participation by a "child" in age or developmentally appropriate
				  extracurricular, enrichment, cultural, and social activities as specified in
				  Welfare and Institutions Code sections
				  362.05
				  and
				  727.
(c) The caregiver shall apply the reasonable
				  and prudent parent standard, as specified in Section
				  89377, in determining whether to
				  permit a "child" to participate in age or developmentally appropriate
				  extracurricular, enrichment, cultural, and social activities.
(d) For a "child" age 16 or older, the
				  caregiver shall allow access to existing information regarding available
				  vocational and postsecondary educational options as specified in Welfare and
				  Institutions Code section
				  16001.9,
				  subsection (a)(24) and emancipation programs. The information may include, but
				  is not limited to, any of the following:
(1)
				  Admission criteria for universities, community colleges, trade or vocational
				  schools and financial aid information for these schools.
(2) Informational brochures on postsecondary
				  or vocational schools/programs.
(3)
				  Campus tours.
(4) Internet research
				  on postsecondary or vocational schools/programs, sources of financial aid,
				  independent living skills program offerings, and other local resources to
				  assist youth.
(5) School-sponsored
				  events promoting postsecondary or vocational schools or programs.
(6) Financial aid information, including
				  information about federal, state and school-specific aid, state and
				  school-specific scholarships, grants and loans, as well as aid available
				  specifically to a current or former "child" and contact information for the
				  Student Aid Commission.
(7)
				  Requirements for participation in Transitional Housing Program
				  (THP)-Plus.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89387.1 - Outdoor Activity Space. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 87087.2 to section
					 89387.1, including amendment of
					 section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register
					 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by
					 10-29-2002 or emergency language will be repealed by operation of law on the
					 following day.
2. Renumbering of former section
					 87087.2 to section
					 89387.1, including amendment of
					 section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002
					 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL
					 by 2-26-2003 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 10-28-2002 order
					 transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No.
					 15).
4. Renumbering of former section
					 89387.1 to section
					 89837, subsection (h) filed
					 3-4-2010; operative 4-3-2010 (Register 2010, No.
					 10).
Note: Authority cited: Sections
						1530,
						1530.5
						and
						1531,
						Health and Safety Code; and Section
						21 of Assembly Bill (AB) 1695
						(Chapter 653, Statutes of 2001). Reference: Sections
						1501,
						1501.1
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89387.2 - Storage Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as specified in subsections (b)(1) through (3), medicines,
				  disinfectants, cleaning solutions, poisons, firearms, and other dangerous items
				  shall be stored where inaccessible to a "child."
(1) Storage areas for poisons, firearms, and
				  other dangerous weapons shall be locked.
(2) In lieu of locked storage of firearms,
				  the caregiver may use trigger locks or remove the firing pin.
(A) Firing pins shall be stored and locked
				  separately from firearms.
(3) Ammunition shall be stored and locked
				  separately from firearms.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89388 - Cooperation and Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The caregiver shall maintain and comply with all caregiver standards.
(b) No caregiver shall make or disseminate
				  any false or misleading statement associated with the application for licensure
				  or approval, including, but not limited to, information regarding the
				  applicant, family members, family home, persons who provide, or may provide,
				  care or supervision to a "child," or any of the services provided by the
				  caregiver.
1. New
					 section, including renumbering and amendment of former section
					 87012(a) to
					 section 89388(b), filed
					 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section, including renumbering and amendment of former
					 section 87012(a) to
					 section 89388(b), refiled
					 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A
					 Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 10-28-2002 order transmitted
					 to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4.
					 Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register
					 2010, No. 10).
Note: Authority cited: Sections
						1530
						and
						1530.5,
						Health and Safety Code; and Section
						21 of Assembly Bill (AB) 1695
						(Chapter 653, Statutes of 2001). Reference: Sections
						1501,
						1520
						and
						1531,
						Health and Safety Code; and Section
						361.2(j)(1)(A),
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89400 - Licensure is Not an Entitlement to Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license is required before placement,
				  but the license does not entitle the caregiver to placement of a "child"
				  pursuant to Welfare and Institutions Code section
				  16507.5,
				  subsection (b).
1. New
					 article 4 (sections
					 89400-89475) and section filed
					 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A
					 Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 4 (sections
					 89400-89475) and section refiled
					 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A
					 Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 10-28-2002 order transmitted
					 to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4.
					 Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register
					 2010, No. 10).
Note: Authority cited: Sections
						1530
						and
						1530.5,
						Health and Safety Code; and Section
						21 of Assembly Bill (AB) 1695
						(Chapter 653, Statutes of 2001). Reference: Sections
						1501,
						1501.1
						and
						1531,
						Health and Safety Code; and Section
						16507.5,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89405 - Training Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The caregiver is required to complete training as specified in Health and
				  Safety Code section
				  1522.44.
(1) The following courses, seminars,
				  conferences, or training accepted by the licensing agency to meet the training
				  requirements include, but are not limited to:
(A) Child development,
(B) Recognizing and assisting a "child" with
				  learning disabilities,
(C) Infant
				  care and stimulation,
(D) Parenting
				  skills,
(E) Complexities, demands
				  and special needs of children in the home,
(F) Building self-esteem of a
				  "child,"
(G)
				  Recordkeeping,
(H) Caregiver
				  rights, responsibilities, and grievance process,
(I) Licensing and placement regulations,
				  and
(J) Existing laws and
				  procedures regarding the safety of foster youth at school as specified in the
				  California Student Safety and Violence Prevention Act of 2000.
(K) Instruction on cultural competency and
				  sensitivity relating to, and best practices for, providing adequate care to
				  lesbian, gay, bisexual and transgender youth in out-of-home care.
(L) A child's right to receive sexual and
				  reproductive health care and information.
(M) A child's right to have their sensitive
				  health information kept confidential.
(N) The duties and responsibilities of the
				  assigned case management worker and the caregiver to ensure that children can
				  obtain sexual and reproductive health services and information.
(O) Guidance about how to engage and talk
				  with children about healthy sexual development and reproductive and sexual
				  health in a manner that is medically accurate, age or developmentally
				  appropriate, trauma informed, and strengths based.
(P) Information about current contraception
				  methods and how to select and provide appropriate referral resources and
				  materials for information and service delivery.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89410 - Limitations on Capacity and Ambulatory Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver shall not operate a home
				  beyond the conditions and limitations specified in the license, including the
				  capacity determination, as specified in Section
				  89228, Capacity
				  Determination.
(b) The caregiver
				  shall not accept more than two infants, including infants in the caregiver's
				  family, without additional help.
(c) Unless the licensing agency approves an
				  increase before placement, a social worker or placing agency does not have the
				  authority to place more children in a home than the capacity stated on the
				  home's license or waiver.
(d) The
				  caregiver shall not allow a "child" who is nonambulatory to be placed in or
				  remain in any room approved to accommodate only children who are ambulatory.
(1) The licensing agency may require a
				  "child" who is accommodated in an ambulatory room to demonstrate that they are
				  ambulatory.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89420 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Before accepting a "child"who is non-ambulatory, or deciding to continue to
				  provide services to a "child" determined after placement to be non-ambulatory,
				  the caregiver shall notify the licensing agency so that a fire clearance,
				  approved by the local fire authority having jurisdiction, can be obtained.
(1) This requirement shall not apply to
				  placement of infants.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89421 - Water Supply Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any home where water for human consumption is from a private source shall meet
				  the following requirements:
(1) Before the
				  caregiver accepts the first placement, the caregiver shall provide evidence of
				  an on-site inspection of the source of water and a bacteriological analysis
				  which establishes the safety of the water, conducted by the local health
				  department, the State Department of Public Health, or a licensed commercial
				  laboratory.
(2) After the caregiver
				  accepts the first placement, the caregiver shall be required to provide
				  additional analyses of the source of water only when the licensing agency
				  documents the need for an analysis to assure the health and safety of
				  children.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89465 - Caregiver Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The licensing agency shall have the authority to require any caregiver to
				  provide additional help whenever the agency determines that additional help is
				  required to provide necessary services to children.
(1) The following factors shall be used in
				  determining the need for additional help:
(A)
				  Needs of the particular children,
(B) Extent of the services provided by the
				  home,
(C) Physical arrangements of
				  the particular home, and
(D) Any
				  change in the considerations listed in Section
				  89231, subsection
				  (b).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89468 - Admission Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  At the time of placement for each "child," the caregiver shall request the
				  Health and Education Passport for a "child" and a written plan identifying the
				  specific needs and services of the "child" from the placement worker if they
				  are not immediately provided.
(b)
				  If the caregiver does not receive the Health and Education Passport for a
				  "child" and the written plan identifying the specific needs and services of the
				  "child" at the time of placement, the caregiver shall ask the placement social
				  worker the name and age of the "child" and, at a minimum, all the questons
				  listed on the Pre-Placement Questionnaire (LIC 9225).
(c) The caregiver may use the Pre-Placement
				  Questionnaire, (LIC 9225), or any other written format developed by the
				  caregiver, to obtain the information.
(d) The caregiver shall use the pre-placement
				  information to identify whether the "child" is taking psychotropic medication.
(1) If the "child" is taking psychotropic
				  medications, the caregiver shall obtain the necessary authorization as required
				  in Section
				  89370(a)7).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89469 - Children's Medical Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 days of accepting a "child,"
				  the caregiver shall obtain a recent written medical assessment.
(1) A recent medical assessment shall not be
				  more than a year old, and
(2) A
				  medical assessment for a "child" shall include the results of an examination
				  for communicable tuberculosis (TB) and other contagious or infectious
				  diseases.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89475 - Health-Related Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Family health care, as defined in Section
				  89201, shall be administered by
				  the caregiver to a "child" as outlined in writing by the appropriate medical
				  professional.
(1) The caregiver shall ask the
				  medical professional to provide adequate and practical written
				  instructions.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89475.1 - Emergency Medical Assistance, Injections, and Self-Administration of Medications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A caregiver shall ensure that persons who provide emergency medical assistance
				  and injections to a "child" are trained as specified in Health and Safety Code
				  section
				  1507.25.
(b) Emergency medical assistance and
				  injections for severe diabetic hypoglycemia and anaphylactic shock may be
				  provided to a "child" as specified in Health and Safety Code section
				  1507.25.
(c) Subcutaneous injections of other
				  medications, including insulin, as prescribed by the physician of a "child,"
				  may be provided as specified in Health and Safety Code section
				  1507.25.
(d) The caregiver shall ensure the date, time
				  and dose of all injections administered to a "child," including injections
				  self-administered by a "child," are documented by the person giving the
				  injection as specified in Health and Safety Code section
				  1507.25.
(e) The caregiver shall ensure the date, time
				  and results of glucose testing and monitoring are documented by the person
				  assisting with the testing as specified in Health and Safety Code section
				  1507.25.
(f) Unless prohibited by court order, a
				  "child" may self-administer medication or injections if the physician of a
				  "child" gives permission. The caregiver shall ensure that a "child" knows how
				  to:
(1) Self-administer their medication and
				  injections,
(2) Document when they
				  self-administer their medication and injections, and
(3) Properly store the medication so that it
				  is not accessible to other children.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 4 - Placement › Section 89475.2 - Postural Supports and Protective Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except for postural supports and
				  protective devices as provided in this section, the caregiver shall not
				  restrain or use any restraining devices on a "child."
(1) Postural supports for a "child" shall be
				  limited to appliances or devices used to achieve proper body position and
				  balance, to improve mobility and independent functioning, or to prevent injury.
(A) Postural supports may include braces,
				  spring release trays, or soft ties. Physician-prescribed orthopedic devices
				  such as braces or casts used for support of a weakened body part or correction
				  of body parts are also considered postural supports.
(B) Approved postural supports shall be
				  fastened or tied in a manner which permits quick release by a
				  "child."
(C) Under no circumstances
				  shall postural supports include tying, depriving, or limiting a "child" from
				  use of hands or feet.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 5 - Special Health Care Needs › Section 89510.1 - Limitations on Capacity for Specialized Foster Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No more than two children with or without
				  special health care needs shall reside even on a temporary basis in a
				  specialized foster family home with the following exceptions.
(b) A specialized foster family home shall
				  not care for more than two children with or without special health care needs
				  as provided in Welfare and Institutions Code section
				  17732.
(1) A specialized foster family home may
				  accept a third "child" with or without special health care needs provided that
				  the licensed capacity, as determined by the licensing agency under Section
				  89228, Capacity Determination, is
				  not exceeded, and all of the following conditions are met:
(A) The county social worker, regional center
				  caseworker, or person or agency responsible for placing a third "child"
				  determines that:
1. The county or the
				  regional center service area in which the specialized foster family home is
				  physically located has no other:
a.
				  Specialized foster family home, nonspecialized foster family home, small family
				  home, or certified family home available to care for a "child" with or without
				  special health care needs.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 5 - Special Health Care Needs › Section 89510.2 - Prohibition of Dual Licensure for Specialized Foster Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A caregiver
				  licensed to operate a specialized foster family home shall not hold any day
				  care, other residential, or health care home license for the same premises as
				  the specialized foster family home.
(1) A
				  caregiver who plans to care for a "child with special health care needs" and
				  holds any license as specified in (a) above shall surrender the license prior
				  to accepting a "child with special health care needs."
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 5 - Special Health Care Needs › Section 89565.1 - Caregiver Requirements for Specialized Foster Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver
				  and any other person who provides specialized in-home health care to a "child
				  with special health care needs" as specified in Welfare and Institutions Code
				  section
				  17731,
				  subsections (c)(3) and (5) shall comply with applicable regulations in Section
				  89465, Caregiver Requirements and
				  the requirements of this section.
(b) Before caring for a "child with special
				  health care needs" or when a child's needs change, the caregiver and any other
				  person, as specified in subsection (a), who provides care to a "child with
				  special health care needs" shall complete training provided by a health care
				  professional as required by a child's individualized health care plan, except
				  when:
(1) The caregiver and any other person
				  who provides care to a "child with special health care needs" is a licensed
				  health care professional, and
(2) A
				  child's individualized health care plan team determines that completion of
				  specialized in-home health care training is unnecessary based on the medical
				  qualifications and expertise of the caregiver and any other person who provides
				  care to a "child with special health care needs."
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 5 - Special Health Care Needs › Section 89566 - Additional Records for Specialized Foster Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver shall ensure that the
				  records for the caregiver and any other person as specified in Section
				  89565.1, Caregiver Requirements
				  for Specialized Foster Family Homes, who provides care to a "child with special
				  health care needs," contain the following:
(1) The caregiver shall have documentation
				  verifying completion of training specified in Section
				  89565.1, subsection (b),
				  or
(2) Documentation that the
				  caregiver or any other person who provides care to a "child with special health
				  care needs" is exempt from training as specified in Section
				  89565.1, subsections (b)(1) and
				  (2). Documentation shall include:
(A) A copy
				  of a valid license or certificate including that the caregiver or any other
				  person who provides care to a "child with special health care needs" is a
				  licensed health care professional, and
(B) A written statement that the
				  individualized health care plan team for a "child" has been notified and has
				  determined that the specialized in-home health care training specified in
				  Section 89565.1, subsection (b) is
				  unnecessary. This documentation shall be provided by a member designated by the
				  team.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 5 - Special Health Care Needs › Section 89569.1 - Individualized Health Care Plans for Specialized Foster Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver
				  shall not accept a "child with special health care needs" unless the caregiver
				  has obtained an individualized health care plan for the "child." The caregiver
				  shall maintain a copy of the individualized health care plan for a "child,"
				  which shall include the following information:
(1) The name, address, and phone number of
				  the health care professional responsible for monitoring ongoing health care for
				  a "child."
(2) The appropriate
				  number of hours of on-site and off-site supervision and monitoring that needs
				  to be provided by the health care professional responsible for monitoring
				  ongoing health care for a "child."
(3) Documentation by the individualized
				  health care plan team for a "child" that identifies the specialized in-home
				  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 caregiver for providing of specialized in-home health
				  care, including any required training or additional training.
(6) Identification of any available and
				  funded medical services that are to be provided to a "child" in the specialized
				  foster family 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 are identified in the written plan identifying the specific needs and
				  services of the "child," the Pre-Placement Questionnaire as specified in
				  Section 89468, Admission Procedures, or
				  the medical assessment specified in Section
				  89469, Children's Medical
				  Assessments.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 5 - Special Health Care Needs › Section 89570.1 - Additional Children's Records for Specialized Foster Family Homes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 87070.1 to section
					 89570.1, including amendment of
					 section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register
					 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by
					 10-29-2002 or emergency language will be repealed by operation of law on the
					 following day.
2. Renumbering of former section
					 87070.1 to section
					 89570.1, including amendment of
					 section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002
					 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL
					 by 2-26-2003 or emergency language will be repealed by operation of law on the
					 following day.
3. Certificate of Compliance as to 10-28-2002 order
					 transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No.
					 15).
4. Repealer filed 3-4-2010; operative 4-3-2010 (Register 2010,
					 No. 10).
Note: Authority cited: Section
						17730,
						Welfare and Institutions Code; Section
						1530,
						1530.5
						and
						1531,
						Health and Safety Code; and Section
						21 of Assembly Bill (AB) 1695
						(Chapter 653, Statutes of 2001). Reference: Sections
						17710,
						17731
						and
						17732(a),
						Welfare and Institutions Code; and Section
						1531,
						Health and Safety Code.