reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9 - Adoption Agencies › Article 2 - Administration › Section 89182 - Content of Case Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each adoption agency shall maintain a case record for each family unit or
				  individual served in its program.
(b) Each case record shall include:
(1) A face sheet or application
				  form.
(2) A typewritten record of
				  the study.
(3) Medical and other
				  reports.
(4)
				  Correspondence.
(5) Applicable
				  legal documents.
(6)
				  Verifications.
(7) Evaluation of
				  findings
(8) Decisions
				  reached.
(9) Actions
				  taken.
(10) Court
				  Reports.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9 - Adoption Agencies › Article 2 - Administration › Section 89185 - Health Protection of Clients-General Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each adoption agency shall provide
				  adequate preventive and remedial medical care through a qualified physician, or
				  through a medical clinic organized to provide the necessary medical service.
				  The medical care provided shall include:
(1)
				  Complete physical examination.
(2)
				  Prompt treatment of remediable physical conditions.
(3) Necessary laboratory tests and
				  immunizations.
(4) Immunization of
				  children over six months of age against diphtheria; immunization of children
				  under six years of age against whooping cough.
(5) Provisions for tuberculin test or chest
				  X-ray for each client; and provision for nose and throat culture and
				  appropriate tests for venereal disease when indicated.
(6) For infants, continuing medical
				  supervision; for older children and adults, physical examination at least
				  annually or more often as recommended by the client's physician or as the
				  client's condition indicates.
(7)
				  Care in case of illness or accident, including provision for medical care and
				  hospitalization as required.
(8)
				  Dental examinations semi-annually followed by necessary treatment, and
				  arrangements for orthodontic care for children as required.
(9) Continuing observation of the client's
				  progress and discussion with the physician of any deviations from satisfactory
				  conditions.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9 - Adoption Agencies › Article 2 - Administration › Section 89188 - Identification of Exclusive Use Foster Homes. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 89188 to subsections
					 88030(a), (c) and
					 (e) filed 9-30-93; operative 11-1-93
					 (Register 93, No. 40).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1505,
						1506,
						1520,
						1530
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9 - Adoption Agencies › Article 2 - Administration › Section 89191 - Notification. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of subsections (a) and (b) to subsections
					 88031(a) and (c)
					 and repealer of subsections (c)-(c)(2) filed 9-30-93; operative 11-1-93
					 (Register 93, No. 40).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1505,
						1506,
						1520,
						1530
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9 - Adoption Agencies › Article 2 - Administration › Section 89194 - Confidential Nature of Records and Information. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 9-30-93; operative 11-1-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1505,
						1506,
						1520,
						1530
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9 - Adoption Agencies › Article 2 - Administration › Section 89197 - Local Ordinances. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 9-30-93; operative 11-1-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1505,
						1506,
						1520,
						1530
						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 1 - General Requirements, Definitions, and Forms › Section 89200 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver
				  shall ensure compliance with all applicable laws and regulations.
(b) General Licensing Requirements, Chapter
				  1, shall not apply to Foster Family Homes, Chapter 9.5.
1. New
					 chapter 9.5 (sections
					 89200-89587.1), article 1
					 (sections 89200-89202) and renumbering of
					 former section
					 87000 to section
					 89200, 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. For prior history of sections
					 89200-89218, see Register 93, No.
					 40.
2. New chapter 9.5 (sections
					 89200-89587.1), article 1
					 (sections 89200-89202) and renumbering of
					 former section
					 87000 to section
					 89200, 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 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,
						1502,
						1530,
						1530.5
						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 1 - General Requirements, Definitions, and Forms › Section 89201 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply whenever the terms
					 are used throughout this chapter.
(a)
(1) "Adult" means a person who is 18 or over,
				  except:
(A) A "child" who is 18 or 19 as
				  specified in the definition for "child" under subsection (c)(7), and
(B) A "child" who is 18-22 as specified in
				  the definition for "child with special health care needs" under subsection
				  (c)(10).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 1 - General Requirements, Definitions, and Forms › Section 89202 - Definitions - Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following forms, which are incorporated by reference,
					 apply to the regulations in Title 22, Division 6, Chapter 9.5 (Foster Family
					 Homes).
(a) LIC 195 (10/07) -- Notice
				  of Operation in Violation of Law.
(b) LIC 198 (2/01) -- Child Abuse Central
				  Index Check for County Licensed Facilities.
(c) LIC 198A (9/07) -- Child Abuse Central
				  Index Check for State Licensed Facilities.
(d) LIC 283 (1/03) -- Foster Family Home
				  Application.
(e) LIC 508D (12/07)
				  -- Out-Of-State Disclosure and Criminal Record Statement (Foster Family Homes,
				  Small Family Homes, Certified Family Homes).
(f) LIC 973 (4/03) -- Documented Alternative
				  Plan, Foster Family Homes (Bedrooms).
(g) LIC 974 (4/03) -- Documented Alternative
				  Plan, Foster Family Homes (Telephones).
(h) LIC 9182 (12/07) -- Criminal Background
				  Clearance Transfer Request.
(i) LIC
				  9188 (12/07) -- Criminal Record Exemption Transfer Request.
(j) LIC 9225 (8/08) -- Pre-Placement
				  Questionnaire.
(k) PUB 396 (4/07)
				  -- Foster Youth Rights.
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, including new subsection (f), 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: Section
						1530,
						Health and Safety Code; and Section
						21 of Assembly Bill 1695 (Chapter
						653, Statutes of 2001). Reference: Sections
						1522
						and
						1522.1,
						Health and Safety Code; and Section
						16001.9,
						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 2 - Administrative › Section 89205 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless a home is exempt from licensure as specified in
					 Section 89207, Exemption from Licensure,
					 no person shall operate, establish, manage, conduct or maintain a foster family
					 home, or hold out, advertise or represent by any means to do so, without first
					 obtaining a current valid license from the licensing agency.
1. New
					 article 2 (sections
					 89205-89286) and renumbering of
					 former section
					 87005 to section
					 89205, 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 2 (sections
					 89205-89286) and renumbering of
					 former section
					 87005 to section
					 89205, 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,
						1503,
						1503.5,
						1505,
						1508,
						1509,
						1524,
						1531,
						1536.1,
						1540,
						1540.1,
						1541
						and
						1547,
						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 2 - Administrative › Section 89206 - Operation Without a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the home is alleged to be in violation
				  of Health and Safety Code sections
				  1503.5
				  or
				  1508,
				  the licensing agency shall conduct a site visit, and an evaluation of the home
				  pursuant to Health and Safety Code section
				  1533.
(b) If the home is operating without a
				  license, the licensing agency shall issue a Notice of Operation in Violation of
				  Law (LIC 195) and shall refer the case for criminal prosecution or civil
				  proceedings.
(c) The licensing
				  agency shall issue an immediate civil penalty as specified in Section
				  89255, Penalties for Unlicensed
				  Homes.
(d) Subsections (b) and (c)
				  may be applied pursuant to Health and Safety Code section
				  1549.
(e) The licensing agency shall notify the
				  appropriate placement or protective service agency if either of the following
				  conditions exist:
(1) There is an immediate
				  threat to the health and safety of children.
(2) The unlicensed home does not submit an
				  application for licensure to the licensing agency within 15 calendar days of
				  being served a Notice of Operation in Violation of the Law (LIC
				  195).
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 89207 - Exemption from Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The provisions of this chapter shall not apply to facilities, homes, and
				  arrangements specified in Health and Safety Code section
				  1505.
(b) The provisions of this chapter shall not
				  apply to any school dormitory or similar facility where all of the following
				  conditions exist:
(1) The school is certified
				  or registered by the State Department of Education.
(2) The school and the school dormitory are
				  on the same grounds.
(3) All
				  children accepted by the school are 6 or over.
(4) The program operates only during normal
				  school terms unless the academic program runs year-round.
(5) The school's function is educational
				  only.
(6) The school program is not
				  designated as providing rehabilitative or treatment services.
(7) The school's function does not intend to
				  provide community care services, and the facility does not accept children who
				  are in need of such services, including but not limited to children with
				  developmental disabilities, mental disorders or physical handicaps; juveniles
				  declared dependents of the court under Welfare and Institutions Code section
				  300;
				  and juveniles declared wards of the court under Welfare and Institutions Code
				  sections
				  601
				  and
				  602.
(8) The facility does not receive any public
				  funds designated for care including but not limited to AFDC-FC and SSI/SSP. The
				  facility shall be permitted to receive public funds intended for educational
				  programs.
(9) No public or private
				  agency, including but not limited to county welfare departments and probation
				  offices, provides social services to children in the
				  facility.
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 89209 - Availability of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensing agency shall have the authority to request review of the
				  license.
1.
					 Renumbering of former section
					 87009 to section
					 89209, 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. For prior history of section
					 87209, see Register 93, No.
					 40.
2. Renumbering of former section
					 87009 to section
					 89209, 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).
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,
						1503
						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 2 - Administrative › Section 89218 - Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensing agency shall have the authority to require any applicant to file a
				  verified Foster Family Home Application (LIC 283).
(b) The applicant/caregiver shall cooperate
				  with the licensing agency in providing verification and documentation as
				  requested by the licensing agency.
(c) In addition to the Foster Family Home
				  Application (LIC 283), supporting documents shall contain the following:
(1) Name and address of the owner of the
				  premises if the applicant is leasing or renting.
(2) A copy of document(s) that establish that
				  the applicant has control of the property to be licensed.
(3) Information that is required by Health
				  and Safety Code section
				  1520.
(4) Name, address and telephone number of the
				  city or county fire department, or district providing fire protection services,
				  or the State Fire Marshal's Office having jurisdiction in the area where the
				  home is located.
(5) Fingerprint
				  cards and identifying information as specified in Section
				  89319, Criminal Record Clearance
				  Requirement.
(6) Information
				  required by Health and Safety Code section
				  1522.1.
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 89219 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department shall conduct a criminal record review of all persons specified
				  in Health and Safety Code section
				  1522,
				  subsection (b) and shall have the authority to approve or deny a foster family
				  home license, or employment, residence, or presence in the home, based upon the
				  results of such review.
(b) The
				  following persons are exempt from the requirement to submit fingerprints:
(1) A medical professional, as defined by the
				  Department in regulations, who holds a valid license or certification from the
				  person's governing California medical care regulatory entity and who is not
				  employed, retained, or contracted by the caregiver, if all of the following
				  apply:
(A) The criminal record of the person
				  has been cleared as a condition of licensure or certification by the
				  individual's California medical care regulatory entity.
(B) The person is providing time-limited
				  specialized clinical care or services.
(C) The person is providing care or services
				  within the person's scope of practice.
(D) The person is not a foster family home
				  caregiver or an employee of the home.
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 89219.1 - Criminal Record Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After a review of the criminal record
				  transcript, the Department may grant an exception from disqualification for a
				  license, employment or presence in a home pursuant to Section
				  89219, subsection (g) if:
(1) The applicant/caregiver requests an
				  exemption in writing for himself or herself, or
(2) The applicant/caregiver requests an
				  exemption in writing for a person associated with the home, or
(3) The applicant/caregiver does not seek an
				  exemption for the affected person, the affected person may request an
				  individual exemption in writing, if the conditions set forth in Health and
				  Safety Code section
				  1522,
				  subsection (c)(5) are met; and
(4)
				  The affected person presents substantial and convincing evidence satisfactory
				  to the Department that he/she has been rehabilitated and presently is of such
				  good character as to justify being issued or maintaining a license, employment,
				  presence, or residence in a licensed home.
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 89219.2 - Child Abuse Central Index

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to the Department issuing a license
				  or special permit for a foster family home, the Department shall conduct a
				  Child Abuse Central Index (CACI) review pursuant to Health and Safety Code
				  section
				  1522.1
				  and Penal Code section
				  11170,
				  subsection (b)(3). The Department shall check the CACI for the applicant(s) and
				  all persons subject to a criminal record review, pursuant to Health and Safety
				  Code section
				  1522,
				  subsection (d) and shall have the authority to approve or deny a home license,
				  permit, certificate, employment, residence, or presence in the home based on
				  the results of the review.
(1) The applicant
				  shall submit the Child Abuse Central Index Check for State Licensed Facilities
				  (LIC 198A) for all persons required to be checked directly to the California
				  Department of Justice at the same time that the person's fingerprints are
				  submitted for a criminal background check as required by Section
				  89219, subsection (c).
(A) Persons who have submitted the Child
				  Abuse Central Index Check for State Licensed Facilities (LIC 198A) with
				  fingerprints on or after January 1, 1999 need not submit a new check if the
				  person can transfer their criminal record clearance or exemption pursuant to
				  Section 89219, subsection
				  (f).
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 89221 - Health Protection of Clients-General Requirement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsections (a) and (a)(2) filed 9-30-93; operative 11-1-93 (Register 93,
					 No. 40).
2. Renumbering of former section
					 89221 to section
					 89185 filed 4-9-2003; operative
					 4-9-2003 pursuant to Government Code Section
					 11343.4
					 (Register 2003, No. 15).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1505,
						1506,
						1520,
						1530
						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 2 - Administrative › Section 89224 - Exceptions and Waivers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless prior written licensing agency approval is received as specified in
				  subsection (d) below, a caregiver shall maintain continuous compliance with the
				  licensing regulations.
(b) The
				  licensing agency shall have the authority to grant an exception or waiver for a
				  specific regulation(s) if the request:
(1)
				  Demonstrates how the intent of the regulation(s) will be met;
(2) Is not detrimental to the health and
				  safety of any child; and
(3) Is
				  submitted by the applicant or caregiver to the licensing agency as a written
				  request for a waiver or exception, together with substantiating evidence
				  supporting the request.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 2 - Administrative › Section 89226 - Safeguards for Cash Resources, Personal Property, and Valuables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver
				  shall make an itemized inventory list of cash resources, personal property, and
				  valuables that a "child" brings into care and review this list with the
				  "child."
(1) This list shall be kept in the
				  records for a "child" as specified in Section
				  89370, Children's
				  Records.
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 89227 - Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensing agency shall complete the following as part of the application review
				  process:
(1) Conduct a site visit to the
				  proposed foster family home to:
(A) Determine
				  that all of the requirements of Article 3 of this chapter have been
				  met.
(B) Conduct interviews as
				  specified in Health and Safety Code section
				  1521.5.
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 89228 - Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The number of children for whom the home
				  is licensed to provide care and supervision shall be established on the basis
				  of the application review by the licensing agency.
(1) For licenses granted after January 1,
				  2010, this number shall not exceed six children, including a "child" and
				  biological, adoptive, and guardianship children.
(A) For existing homes in which the number of
				  children exceeds six, including a "child," biological, adoptive, and
				  guardianship children, no new placements shall be accepted until the number of
				  children in the home does not exceed six, unless authorized by the licensing
				  agency.
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 89229 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An applicant shall have the right to withdraw, in writing, an
				  application.
(b) The Department
				  must consent in writing to the withdrawal.
1.
					 Renumbering of former section
					 87029 to section
					 89229, 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
					 87029 to section
					 89229, 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 Section
						21 of Assembly Bill (AB) 1695
						(Chapter 653, Statutes 2001). Reference: Sections
						1503,
						1503.5,
						1508,
						1520,
						1531,
						1536.1,
						1540,
						1540.1,
						1541,
						1547
						and
						1553,
						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 2 - Administrative › Section 89231 - Issuance of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensing agency shall issue a license to the applicant after an application
				  has been completed, an in-home visit has been made pursuant to Section
				  89227, subsection (a)(1), and upon
				  determination that all licensing requirements set forth in Article 3 of this
				  chapter have been met.
(b) The
				  license shall be issued for a specific capacity consistent with Section
				  89228, subsections (a) and
				  (c).
(c) The licensing agency shall
				  notify the applicant in writing of such issuance.
1.
					 Renumbering of former section
					 87031 to section
					 89231(a)-(b) and
					 (d)-(e) and renumbering of former section
					 87208(a) to
					 section 89231(c),
					 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 87031 to section
					 89231(a)-(b) and
					 (d)-(e) and renumbering of former section
					 87208(a) to
					 section 89231(c),
					 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, including
					 renumbering of former section
					 89231, subsection (b) to section
					 89218, subsection (d), and
					 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 Section
						21 of Assembly Bill (AB) 1695
						(Chapter 653, Statutes of 2001). Reference: Sections
						1503,
						1503.5,
						1508,
						1509,
						1520,
						1525,
						1526
						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 2 - Administrative › Section 89234 - Changes to License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Whenever there is a change in conditions or limitations described on the
				  current license, the caregiver shall submit a new application to the licensing
				  agency with updated information as required in Section
				  89218, Application for
				  License.
(b) Changes which require
				  a new application to be filed include:
(1)
				  Any change in the home licensing category.
(2) Any change that affects the capacity of
				  the home.
(3) A permanent change in
				  any "child" in the home from ambulatory to nonambulatory
				  status.
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 89235 - Conditions for Forfeiture of a Foster Family Home License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Conditions for forfeiture of a license
				  are specified in Health and Safety Code section
				  1524.
(b) The caregiver abandons the home when:
(1) The caregiver informs the licensing
				  agency that the caregiver no longer accepts responsibility for the home,
				  or
(2) The licensing agency is
				  unable to determine the caregiver's whereabouts after the licensing agency has:
(A) Requested information of the caregiver's
				  whereabouts from an adult at the home if an adult can be contacted,
				  and
(B) Made at least one phone
				  call per day to the caregiver's last telephone number of record for five
				  consecutive workdays with no response, and
(C) Sent a certified letter to the
				  caregiver's last mailing address of record requesting that the caregiver
				  contact the licensing agency with no response within seven calendar
				  days.
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 89240 - Denial of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensing agency shall deny an application for a license if it is determined
				  that the applicant is not in compliance with applicable laws and regulations.
(1) The licensing agency shall have the
				  authority to deny an application for a license if the applicant has failed to
				  pay any civil penalty for unlicensed operation assessed pursuant to Section
				  89255, Penalties for Unlicensed
				  Homes, and in accordance with a final judgment issued by a court of competent
				  jurisdiction, unless payment arrangements acceptable to the licensing agency
				  have been made.
(2) The Department
				  may deny any license as specified in Health and Safety Code section
				  1550.
(3) An application for a license shall not be
				  denied solely on the basis that the applicant is a parent who has administered
				  or will continue to administer corporal punishment that does not constitute
				  child abuse as defined in Penal Code sections
				  11165.6,
				  273a, and
				  273d, or Health
				  and Safety Code section
				  1531.5,
				  subsection (c) to his or her own child(ren).
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 89242 - Revocation or Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the authority
				  to suspend or revoke any license on any of the grounds specified in Health and
				  Safety Code section
				  1550.
(b) Proceedings to hear a revocation action
				  or a revocation and temporary suspension action shall be conducted pursuant to
				  the provisions of Health and Safety Code section
				  1551.
1.
					 Renumbering of former section
					 87042 to section
					 89242, 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
					 87042 to section
					 89242, 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,
						1522,
						1522.1,
						1522.2,
						1531,
						1534,
						1550
						and
						1551,
						Health and Safety Code; and Sections
						11500, et seq., Government
						Code.
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 89244 - Inspection and Evaluation Authority of the Licensing Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensing agency shall have the
				  authority to inspect and evaluate the home as specified in Health and Safety
				  Code sections
				  1533,
				  1534,
				  and
				  1538.
(b) The licensing agency shall have the
				  authority to interview any "child" in the home without prior consent.
(1) The caregiver shall make provisions for
				  private interviews with any "child."
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 89245 - Evaluation Visits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 87045 to section
					 89245, 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
					 87045 to section
					 89245, 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 5-9-2005; operative 6-8-2005
					 (Register 2005, No. 19).
5. Repealer filed 3-4-2010; operative
					 4-3-2010 (Register 2010, No. 10).
Note: Authority cited: Section
						1530,
						Health and Safety Code; and Section
						21 of Assembly Bill (AB) 1695
						(Chapter 653, Statutes of 2001). Reference: Sections
						1501,
						1501.1,
						1507.5,
						1530.5,
						1531,
						1533,
						1534
						and
						1538,
						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 2 - Administrative › Section 89246 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person can be
				  prohibited from being employed, allowed in, and having contact with a "child"
				  licensed home as specified in Health and Safety Code section
				  1558.
1.
					 Renumbering of former section
					 87046 to section
					 89246, 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
					 87046 to section
					 89246, 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,
						1501.1,
						1522,
						1522.2,
						1531,
						1558
						and
						1558.1,
						Health and Safety Code; and Sections
						11500 et
						seq.,
						11506 and
						11522,
						Government Code.
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 89252 - Deficiencies in Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a licensing agency visits a home and determines that a deficiency exists,
				  the licensing agency shall issue a notice of deficiency unless the deficiency
				  is not serious and is corrected during the visit.
(b) Prior to completion of a visit, the
				  caregiver or other person in charge of the home shall meet with the licensing
				  agency to discuss any deficiencies noted, jointly develop a plan for correcting
				  each deficiency, and acknowledge receipt of the notice of deficiency.
(c) The licensing agency shall provide a
				  notice of deficiency to the caregiver by one of the following:
(1) Personal delivery to the caregiver at the
				  completion of the visit.
(2) If the
				  caregiver is not at the home, the notice shall be given to the person in charge
				  at the completion of the visit, and mailed to the caregiver.
(3) If the caregiver refuses to accept the
				  notice or the notice cannot be completed during the visit, the notice shall be
				  mailed to the caregiver.
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 89254 - Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The licensing agency shall assess civil penalties for the following
				  deficiencies:
(1) Not submitting an
				  application for licensure required by Section
				  89218, Application for License,
				  within 15 calendar days of being served a Notice of Operation in Violation of
				  Law (LIC 195).
(2) Not obtaining
				  the fingerprint clearances required for licensure by Health and Safety Code
				  section
				  1522,
				  subsection (b) as stated in Section
				  89219, Criminal Record Clearance.
				  Civil penalties shall be assessed as specified in Health and Safety Code
				  section
				  1522,
				  subsection (c).
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 89255 - Penalties for Unlicensed Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of $200 per day shall be
				  assessed for the operation of an unlicensed home under either of the following
				  conditions:
(1) The operator has not
				  submitted a completed application for licensure within 15 calendar days of
				  issuance of the Notice of Operation in Violation of Law (LIC 195) and continues
				  to operate.
(A) For purposes of this section,
				  an application shall be deemed completed if it includes the information
				  required in Section
				  89218, Application for
				  License.
(B) The completed
				  application shall be deemed to be submitted when received by the licensing
				  agency.
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 89255.1 - Denial or Revocation of License for Failure to Pay Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The caregiver
				  shall be responsible for paying civil penalties.
(1) Unless otherwise provided, the transfer,
				  surrender, forfeiture or revocation of a license shall not affect the
				  caregiver's responsibility for paying any civil penalties that accrued while
				  the license was in effect.
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 89256 - Unlicensed Home Administrative Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed home operator or his/her
				  representative shall have the right to appeal the penalty assessment to the
				  licensing agency within 10 working days after service of the penalty
				  assessment.
(1) If unlicensed operation has
				  not ceased, the $200 per day penalty shall continue to accrue during the appeal
				  process.
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 89261 - Reporting Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 87061(b) to
					 section 89261, 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
					 87061(b) to
					 section 89261, 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: 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,
						1507,
						1530.6,
						1531,
						1538,
						1550.5
						and
						1557.5,
						Health and Safety Code.