reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 2 - License › Section 88005 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to 80005, the following shall apply:
(1) No individual, organization or
				  governmental entity shall engage in recruiting and certifying homes for
				  placement of children for temporary or permanent care without first obtaining a
				  license from the licensing agency.
(A) A
				  public foster family agency shall be designated by the appropriate governing
				  body as a public foster family agency.
(B) A private foster family agency shall be a
				  corporation organized and operated on a nonprofit
				  basis.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 2 - License › Section 88008 - Licensing of Integral Program Components

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Section
				  80008, the licensing agency shall
				  have the authority to issue separate licenses to a single foster family agency
				  to operate its program in various regions of the state as determined by the
				  Department.
1. New
					 section filed 9-30-93; operative 11-1-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1509,
						1530
						and
						1534,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 2 - License › Section 88009 - Posting of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  current, valid license(s) shall be posted in a prominent, publicly accessible
				  location in the administrative office and copies of the applicable license
				  shall be posted in each suboffice of the foster family agency.
1. New
					 section filed 9-30-93; operative 11-1-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Section
						1508,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 2 - License › Section 88010 - Limitations of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to Section
				  80010, the following shall apply:
(1) The license shall specifically indicate
				  whether the foster family agency is authorized to operate a treatment and/or
				  nontreatment program.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 3 - Application Procedures › Section 88018 - Application for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to Section
				  80018, excluding Sections
				  80018(d)(6) and
				  (13), the following shall apply:
(1) The application shall be filed with the
				  licensing agency designated to serve the foster family agency proposed
				  geographic area of service.
(2) The
				  application shall be signed by the chief executive officer or other authorized
				  member of the Board of Directors and shall be accompanied by written
				  authorization of the governing board granting him/her authority to apply for
				  the license.
(3) The application
				  shall contain a written resolution from the governing board stating that it
				  shall operate the foster family agency program in full conformity with
				  applicable statutes and regulations.
(4) A private foster family agency shall
				  submit copies of its articles of incorporation, bylaws (which must include
				  provisions for control by a responsible governing board), annual statement
				  filed with the Secretary of State, corporate charter (if applicable) and
				  evidence certifying nonprofit status.
(5) The application shall include a written
				  statement describing the manner in which the Board of Directors shall perform
				  the duties specified at Section
				  88063(c).
(6) The application shall include a written
				  plan of operation as defined in Section
				  88022.
(7) As a requirement for licensure, the chief
				  executive officer or other authorized member of the Board of Directors and the
				  administrator shall attend an orientation given by the licensing agency which
				  outlines the applicable rules and regulations for operation of a foster family
				  agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 3 - Application Procedures › Section 88019 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to Section
				  80019, the following shall apply:
(1) Prior to certification by the foster
				  family agency, the applicant and all adults residing in the home shall obtain a
				  criminal record clearance or exemption as specified in Health and Safety Code
				  Section
				  1522.
(A) Exemptions for applicants and all adults
				  residing in the home shall be evaluated pursuant to paragraph (2) of
				  subdivision (g) of Health and Safety Code Section
				  1522.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 3 - Application Procedures › Section 88019.1 - Child Abuse Index Clearance. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-30-93; operative 11-1-93 (Register 93, No. 40).
2.
					 Renumbering of former section
					 88019.1 to section
					 88019.2 filed 5-18-2000 as an
					 emergency; operative 5-18-2000 (Register 2000, No. 20). Pursuant to Section
					 73 of Senate Bill 933, Chapter
					 311, Statutes of 1998 a Certificate of Compliance must be transmitted to OAL by
					 11-14-2000 or emergency language will be repealed by operation of law on the
					 following day.
3. Editorial correction of HISTORY 2 (Register 2000,
					 No. 38).
4. Certificate of Compliance as to 5-18-2000 order
					 transmitted to OAL 11-14-2000 and filed 12-19-2000 (Register 2000, No.
					 51).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Section
						1522.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 3 - Application Procedures › Section 88019.2 - Child Abuse Central Index

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to certifying a home, the foster
				  family agency shall ensure that the Department has conducted a Child Abuse
				  Central Index (CACI) review pursuant to Health and Safety Code Section
				  1522.1
				  and Penal Code Section
				  11170(b)(3).
				  The Department shall check the CACI for the applicant(s) and all individuals
				  subject to a criminal record review pursuant to Health and Safety Code Section
				  1522(d)
				  and shall have the authority to approve or deny certification, employment,
				  residence or presence in the licensed facility based on the results of the
				  review.
(1) The foster family agency shall
				  submit the Child Abuse Central Index check (LIC 198A [3/99]) for all
				  individuals required to be checked directly to the California Department of
				  Justice at the same time that the individual's fingerprints are submitted for a
				  criminal background check as required by Section
				  88019(a).
(A) Individuals who have submitted the Child
				  Abuse Central Index check (LIC 198A [3/99]) with fingerprints on or after
				  January 1, 1999 need not submit a new check if the individual can transfer
				  their criminal record clearance or exemption pursuant to Section
				  80019(e) or
				  Section 80019.1(f).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 3 - Application Procedures › Section 88022 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to Section
				  80022, excluding Sections
				  80022(b)(7) and
				  (8), the plan of operation shall contain the
				  following:
(1) A description of the
				  administrative organization, including the parent organization, if
				  applicable.
(2) The location,
				  including street address and mailing address, if different, for the
				  administrative office and all suboffices.
(3) Complete job descriptions of all foster
				  family agency positions, including number, classification, qualifications and
				  duties, and information regarding lines of authority and staff
				  responsibilities.
(4) A
				  comprehensive program statement including:
(A) Goals of the foster family agency
				  program.
(B) The types of children
				  to be served.
(C) A description of
				  the services to be provided to children, certified parent(s) and foster family
				  home licensee(s) including the treatment services to be provided by the foster
				  family agency program.
(D) A
				  description of emergency response services to be provided by the foster family
				  agency including weekends, holidays and evenings.
(5) A written description of the foster
				  family agency training plan including:
(A)
				  Employee orientations and ongoing training.
(B) Initial and ongoing training of certified
				  parent(s) shall include training in child abuse identification, prevention, and
				  treatment. The training plan shall also include training required by Health and
				  Safety Code Section
				  1529.2.
(C) Initial and ongoing training in child
				  abuse identification, prevention, and treatment for foster family agency
				  personnel who provide services to children, certified parent(s), and foster
				  family home licensee(s).
(D)
				  Initial and ongoing training of foster family agency staff in the child's right
				  to have fair and equal access to all available services, placement, care,
				  treatment, and benefits, and to not be subjected to discrimination or
				  harassment on the basis of actual or perceived race, ethnic group
				  identification, ancestry, national origin, color, religion, sex, sexual
				  orientation, gender identity, mental or physical disability, or HIV
				  status.
(E) The types of training
				  to be provided, who will conduct the training, and who will
				  attend.
(6) A statement
				  regarding how the foster family agency will coordinate with community
				  resources.
(7) Procedures for the
				  development, review, implementation and modification of the needs and services
				  plan for children placed with the foster family agency.
(8) Procedures for the development,
				  maintenance and implementation of removal and discharge procedures for children
				  placed with the foster family agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 4 - Certification and Use of Homes › Section 88030 - Identification of Certified Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All licensed foster family agencies shall
				  accept applications from adult applicants, evaluate applicants for
				  certification, or decertify homes, on a nondiscriminatory basis without regard
				  to age, sex, race, religion, color, political affiliation, national origin,
				  disability, marital status, actual or perceived sexual orientation, or
				  ancestry.
(b) Each certified family
				  home used by a licensed foster family agency shall be provided with a
				  Certificate of Approval, properly completed and signed by the administrator of
				  the foster family agency or his/her designee.
(c) The Certification of Approval shall
				  include the following:
(1) The capacity for
				  which the home has been certified.
(2) The age range of children to be
				  served.
(3) Any limitations of the
				  home, including ambulatory status.
(4) Any preferences requested by the
				  home.
(5) Date of
				  issuance.
(6) Date of expiration
				  not to exceed one year from the date of issuance.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 4 - Certification and Use of Homes › Section 88030.1 - Limitation on Use of Specialized Certified Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The foster family agency may place
				  children with special health care needs in certified family homes but not
				  licensed foster family homes, however, no more than two children shall be
				  placed in a specialized certified family home with the following exception:
(1) The foster family agency may place a
				  third child with or without special health care needs provided that the
				  capacity, as determined by the foster family agency under Section
				  80028 is not exceeded, and the
				  conditions specified in Sections
				  83010.1(a)(1)(A), (B) and
				  (C) are met.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 4 - Certification and Use of Homes › Section 88030.2 - Prohibition of Licensure for Specialized Certified Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The foster
				  family agency shall not place or permit the continued placement of children
				  with special health care needs in a specialized certified family home for which
				  the certified parent holds any day care or health care facility license for the
				  same premises as the specialized certified family home.
(1) If the foster family agency plans to
				  place a child with special health care needs in a specialized certified family
				  home whose certified parent holds a license as specified in Section
				  88030.2(a), the
				  foster family agency shall verify that the certified parent has surrendered the
				  license to the licensing agency prior to placing the child.
(2) The provisions specified in Sections
				  88030.2(a) and
				  (a)(1) shall not apply to existing placements
				  of children with special health care needs in certified family homes that meet
				  the conditions specified in Sections
				  83010.2(a)(2)(A) and
				  (B).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 4 - Certification and Use of Homes › Section 88031 - Application for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The foster family agency application for
				  certification shall require an applicant to provide the following:
(1) Whether the applicant has been denied
				  certification by a foster family agency and, if so, by which agency.
(2) Whether the applicant has been put on a
				  placement hold by a county and, if so, by which county.
(3) Information required by Health and Safety
				  Code Section
				  1506.7(a).
(4) A declaration required by Health and
				  Safety Code Section
				  1506.7(b)(2).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 4 - Certification and Use of Homes › Section 88033 - Emergency Condition-Continuation of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The foster family agency may consent to a
				  change of location and continuation under the existing Certificate of Approval
				  of any certified family home, when the change is required because of the
				  destruction of the premises or similar emergency conditions so long as the new
				  location or place of residence conforms to all requirements.
(1) The foster family agency shall verify
				  compliance with applicable statutes and regulations by conducting a site visit
				  to the new location.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 4 - Certification and Use of Homes › Section 88035 - Use of County Licensed Foster Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A foster family agency shall place in a
				  county licensed foster family home as provided:
(1) Foster family agencies shall not use
				  foster family homes licensed by a county without the approval of the licensing
				  county. When approval is granted, a written agreement between the foster family
				  agency and the county shall specify the nature of administrative control and
				  case management responsibility and the nature and number of children to be
				  served in the home.
(2) Before a
				  foster family agency may use a licensed foster family home it shall review and,
				  with the exception of a new fingerprint clearance, qualify the home in
				  accordance with Health and Safety Code Section
				  1506.
(3) When approval is given, and for the
				  duration of the agreement permitting the foster family agency use of its
				  licensed foster family home, no child shall be placed in that home except
				  through the foster family agency.
(4) Nothing in this section shall transfer or
				  eliminate the responsibility of the placing agency for the care, custody, or
				  control of the child. Nothing in this section shall relieve a foster family
				  agency of its responsibilities for or on behalf of a child placed with
				  it.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 5 - Administrative Actions › Section 88044 - Inspection Authority of the Licensing Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensing agency has the authority to
				  inspect foster family agencies in compliance with Health and Safety Code
				  Sections
				  1526.5,
				  1533,
				  1534,
				  and
				  1538.
(b) The licensing agency has the authority to
				  inspect certified family homes in compliance with Health and Safety Code
				  Sections
				  1533,
				  1534,
				  and
				  1538.
1. New
					 article 5 and section filed 9-30-93; operative 11-1-93 (Register 93, No.
					 40).
2. Amendment of section and NOTE filed 6-28-99 as an emergency;
					 operative 6-28-99 (Register 99, No. 27). A Certificate of Compliance must be
					 transmitted to OAL by 12-27-99 pursuant to section
					 73, chapter 311, Statutes of 1998
					 or emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 6-28-99 order transmitted to
					 OAL 12-22-99 and filed 2-1-2000 (Register 2000, No.
					 5).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1526.5,
						1533,
						1534
						and
						1538,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 5 - Administrative Actions › Section 88044.5 - Decertification Authority of the Licensing Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the licensing agency determines that a
				  certified family home is out of compliance with applicable statutes and
				  regulations, the licensing agency may require a foster family agency to
				  decertify a certified family home.
(1) The
				  certified family home may appeal the decertification to the Department and be
				  provided an administrative hearing pursuant to Section
				  1551
				  of the Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 5 - Administrative Actions › Section 88045 - Evaluation Visits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensing agency shall have the authority to inspect the certified family homes
				  used by the foster family agency as often as necessary to ensure the quality of
				  care being provided.
(b) The
				  licensing agency shall select the certified family homes to be
				  inspected.
(c) A representative of
				  the foster family agency shall accompany the licensing evaluator on an
				  evaluation inspection.
(d) The
				  foster family agency shall inform the certified family homes at the time of
				  certification of the licensing agency authority to conduct inspections of the
				  certified family homes as provided by Health and Safety Code Section
				  1534.
1. New
					 section filed 9-30-93; operative 11-1-93 (Register 93, No. 40).
2.
					 Amendment of subsection (c) filed 6-28-99 as an emergency; operative 6-28-99
					 (Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL
					 by 12-27-99 pursuant to section
					 73, chapter 311, Statutes of 1998
					 or emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 6-28-99 order transmitted to
					 OAL 12-22-99 and filed 2-1-2000 (Register 2000, No.
					 5).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1530,
						1530.5,
						1533
						and
						1534,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 5 - Administrative Actions › Section 88046 - Denial or Revocation of License for Failure to Pay Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
				  Section 80055.1(a), the
				  Foster Family Agency licensee shall be responsible for paying civil penalties
				  for violations cited against the agency's certified homes.
1. New
					 section filed 7-27-2001; operative 8-26-2001 (Register 2001, No.
					 30).
Note: Authority cited: Sections
						1530
						and
						1548,
						Health and Safety Code. Reference: Sections
						1522,
						1534,
						1548
						and
						1551,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 6 - Complaints › Section 88050 - Investigations of Child Abuse or Neglect Complaints. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 6 and section filed 9-30-93; operative 11-1-93 (Register 93, No.
					 40).
2. Repealer of article 6 (sections
					 88050-88051) and section filed
					 6-28-99 as an emergency; operative 6-28-99 (Register 99, No. 27). A Certificate
					 of Compliance must be transmitted to OAL by 12-27-99 pursuant to section
					 73, chapter 311, Statutes of 1998
					 or emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 6-28-99 order transmitted to
					 OAL 12-22-99 and filed 2-1-2000 (Register 2000, No.
					 5).
Note: Authority cited: Section
						11174.1, Penal
						Code; and Section
						1530,
						Health and Safety Code. Reference: Section
						11174.1, Penal
						Code; and Sections
						1530
						and
						1533,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 6 - Complaints › Section 88051 - Investigation of Complaints Other than Child Abuse or Neglect. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-30-93; operative 11-1-93 (Register 93, No. 40).
2.
					 Repealer filed 6-28-99 as an emergency; operative 6-28-99 (Register 99, No.
					 27). A Certificate of Compliance must be transmitted to OAL by 12-27-99
					 pursuant to section
					 73, chapter 311, Statutes of 1998
					 or emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 6-28-99 order transmitted to
					 OAL 12-22-99 and filed 2-1-2000 (Register 2000, No.
					 5).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1506
						and
						1530,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 6 - Complaints › Section 88054 - Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to Section
				  80054, the following penalties
				  shall apply:
(1) The department shall assess
				  an immediate civil penalty of $50.00 when the agency fails to provide the
				  department with a log of certified and decertified homes for any month by the
				  tenth day of the following month. After each citation, the department shall
				  assess a penalty of $50.00 per day until the date the agency provides the
				  department with the log.
(2) The
				  department shall assess an immediate civil penalty of $50.00 when the agency
				  fails to notify the department within one business day that it has decertified
				  a family home for any reason specified in Section
				  88061(h)(1).
				  After each citation, the department shall assess a penalty of $50.00 per day
				  until the date the agency notifies the department about the
				  decertification.
(3) If the agency
				  is cited for repeating the same violation within 12 months, the department
				  shall additionally assess immediate civil penalties pursuant to Section
				  80054(d) or (e),
				  in accordance with Health and Safety Code Sections
				  1548(c) and
				  (d).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88061 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each licensee or applicant shall furnish to the licensing agency reports as
				  required by the Department, including, but not limited to, those specified in
				  this section.
(b) All foster family
				  agency personnel shall report suspected child abuse and neglect to a child
				  protective agency in accordance with Penal Code Sections
				  11164 et
				  seq.
(c) If any of the following
				  incidents occur in a certified family home or in the foster family agency, the
				  foster family agency shall report it to the Department by the Department's next
				  working day during the normal business hours by telephone or fax:
(1) Any suspected physical or psychological
				  abuse of any child.
(2) Death of
				  any child from any cause.
(3) Any
				  injury to any child that requires treatment by a health care practitioner.
(A) This includes a permanent change in any
				  child from ambulatory to nonambulatory status, if serving this nonambulatory
				  child is inconsistent with the Plan of Operation or if a fire clearance has not
				  been obtained.
(4) Any
				  unusual incident or child absence that threatens the physical or emotional
				  health or safety of any child.
(A) Report
				  suicide threats or attempts regardless of injury or treatment.
(B) Report temporary absences if a personal
				  history or the needs and services plan indicate that the child may be in
				  jeopardy when absent beyond the approved time.
(5) Epidemic outbreaks.
(6) Poisonings.
(7) Catastrophes.
(8) Fires or explosions that occur in or on
				  the premises.
(9) Complaints
				  associated with a certified family home's or foster family agency's compliance
				  with applicable licensing laws and regulations.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88063 - Accountability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee is
				  accountable for the general supervision of the licensed facility and the
				  certified family homes, for the establishment of policies concerning
				  operations, and for ensuring operations comply with applicable regulations and
				  statutes.
(1) The licensee shall establish
				  internal procedures to ensure that certified family homes report incidents,
				  complaints, and alleged child abuse to the foster family agency.
(2) The licensee shall establish internal
				  procedures to ensure that reports specified in Section
				  88063(a)(1) by
				  certified family homes are reported to the Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88064 - Administrator-Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to Section
				  80064, the following shall apply:
(1) All foster family agencies shall have an
				  administrator who shall meet one of the following requirements:
(A) A Master's Degree from an accredited or
				  state approved graduate school, as defined in Section
				  94310 of
				  the Education Code, in social work or social welfare, marriage, family and
				  child counseling, counseling psychology, social psychology or equivalent
				  education and experience as determined by the licensing agency. In addition,
				  the administrator shall have demonstrated ability and leadership through a
				  minimum of three years of experience in the field of child or family services,
				  two years of which have been in an administrative or managerial
				  position.
(B) A Bachelor's Degree
				  in behavioral science from an accredited college or university. In addition,
				  the administrator shall have demonstrated ability and leadership through a
				  minimum of five years of experience in the field of child or family services,
				  two years of which have been in an administrative or managerial
				  position.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88065 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to Section
				  80065, excluding Sections
				  80065(e), (f) and
				  (j), the following shall apply:
(1) No foster family agency administrator,
				  supervisor, social worker or Board of Director(s) member shall be a certified
				  parent of the foster family agency with which he/she is affiliated.
(A) Individuals certified before October 30,
				  1993, shall be allowed to continue as certified parent(s) until the children
				  currently in placement are removed from the certified parent(s)'s home.
1. Individuals shall not accept additional
				  placements from the foster family agency after October 30,
				  1993.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88065.1 - Additional Personnel Requirements for Foster Family Agencies Placing Children with Special Health Care Needs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any foster family agency placing a child
				  with special health care needs shall employ or contract with a registered
				  nurse(s) to supervise and monitor the child's specialized in-home health care.
(1) The cumulative total of the supervisory
				  hours specified in the individualized health care plan of each child assigned
				  to a registered nurse as part of his/her regular caseload, shall not exceed 40
				  hours per week.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88065.2 - Social Work Supervisor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each social work supervisor in a foster family agency shall be responsible for,
				  but not limited to, the following duties:
(1)
				  Orientation and training of new social work personnel.
(2) Review of oversight of social work
				  personnel casework.
(3) Ensure that
				  assigned social work personnel perform their duties in compliance with
				  applicable laws, regulations, policies and procedures.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88065.3 - Social Work Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Social work personnel shall be employed to provide the social services of the
				  foster family agency.
(b) Social
				  work personnel shall meet the following education and experience requirements:
(1) A Master's Degree from an accredited or
				  state approved graduate school, as defined in Section
				  94310 of
				  the Education Code, in social work or social welfare, marriage, family, and
				  child counseling, child psychology, child development, counseling psychology or
				  social psychology.
(2) In addition
				  to the degree specifications in Subsection (b)(1) above, all of the following
				  coursework and field practice or experience shall be required of all new hires
				  effective January 1, 1993:
(A) At least three
				  semester units or 100 days of field practice or experience in a public or
				  private social service agency setting at the Master's Degree level.
(B) At least nine semester units of
				  coursework related to children and families, or 18 months experience in working
				  with children and families.
(C) At
				  least three semester units in working with minority populations; six months of
				  experience in working with minority populations; or six months in-service
				  training in working with minority populations within the first year of
				  employment as a condition of employment.
(D) At least three semester units in child
				  welfare, or two years experience in a public or private child welfare social
				  services setting.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88065.4 - Social Work Supervisor/Social Worker Ratios

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The foster family agency shall employ:
(1) One full-time social work supervisor for
				  every six social workers or fraction thereof in a treatment agency.
(2) One full-time social work supervisor for
				  every eight social workers or fraction thereof in a nontreatment
				  agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88065.5 - Social Worker Ratios

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  foster family agency shall employ, for treatment agencies, one full-time social
				  worker for every 15 children or fraction thereof in placement.
(b) The foster family agency shall employ,
				  for nontreatment agencies, one full-time social worker for every 25 children or
				  fraction thereof in placement.
1. New
					 section filed 9-30-93; operative 11-1-93 (Register 93, No.
					 40).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1530
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88066 - Personnel Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to Section
				  80066, the following shall apply:
(1) The foster family agency shall maintain
				  the following personnel records:
(A)
				  Documentation that the foster family agency personnel has completed the
				  required training.
(B)
				  Documentation that the foster family agency personnel meets the education and
				  experience requirements specified in Sections
				  88064,
				  88065,
				  88065.2 and
				  88065.3.
(C) A record of performance evaluation and
				  any correspondence with each employee.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88066.1 - Additional Personnel Records for Foster Family Agencies Placing Children with Special Health Care Needs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any foster family agency placing a child
				  with special health care needs shall maintain the following personnel records
				  for the registered nurse(s) required by Section
				  88065.1:
(1) A copy of a valid license authorizing
				  him/her to practice as a registered nurse in California.
(2) A current list of children with special
				  health care needs assigned to the registered nurse as part of his/her regular
				  caseload. For each child, the list shall provide:
(A) The child's name and address.
(B) The number of supervisory hours required
				  in the child's individualized health care plan.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88068 - Admission Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to Section
				  80068, the following shall apply:
(1) The foster family agency shall complete
				  and maintain current admission agreements with each certified parent(s) or
				  foster family home licensee(s) with whom the child is placed.
(A) Agreements shall be dated and signed by
				  the foster family agency and the certified parent(s) or foster family home
				  licensee(s) prior to the placement of any child.
(B) The foster family agency shall retain the
				  original copy of the agreement and shall provide copies to the certified family
				  home or licensed foster family home.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88068.1 - Intake Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The foster family agency shall develop, maintain and implement intake
				  procedures which meet the requirements specified in this section.
(b) The following requirements shall be met
				  within 30 calendar days of the child's placement in the home.
(1) The information specified in Sections
				  80070 and
				  88070 shall be obtained from the
				  child's authorized representative(s).
(A) If
				  the information is not completed by a placement agency, the foster family
				  agency shall make telephone and/or written requests for the information to the
				  child's placement agency and/or authorized representative, and shall record and
				  retain the details of those requests.
(B) If the information is not received within
				  30 calendar days of the requests specified in Subsection (A) above, the foster
				  family agency shall obtain from other sources the information necessary to
				  complete the foster family agency appraisal form.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88068.2 - Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The needs and services plan shall
				  identify the child's needs in the following areas:
(1) Reason for placement.
(2) Education.
(3) Training.
(4) Personal care and grooming.
(5) Ability to manage his/her own money
				  including the maximum amount of money the child shall be permitted to have in
				  his/her possession at any one time.
(6) Visitation, including the frequency of
				  and any other limitations on visits to the family residence and other visits
				  inside and outside the certified family home or licensed foster family
				  home.
(7) Other specific services,
				  including necessary services to the child's parent(s) or guardian(s).
(8) Types of services necessary, including
				  treatment plan for placement with a treatment agency.
(9) Planned length of placement including the
				  removal and/or discharge plan specified in Section
				  88068.4.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88068.3 - Modifications to Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The needs and services plan specified in
				  Section 88068.2 shall be updated at least
				  every six months to determine the following:
(1) The child's need for continuing
				  services.
(2) The need for
				  modification in services.
(3) The
				  foster family agency recommendation regarding the feasibility of the child's
				  return to his/her home, placement in another facility or move to independent
				  living.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88068.4 - Removal and/or Discharge Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The foster family agency shall develop,
				  maintain and implement written policies and procedures governing a child's
				  removal and/or discharge from a certified family home or licensed foster family
				  home.
(1) Child, age and maturity permitting,
				  and his/her authorized representative(s) shall receive copies of the
				  procedures.
(2) Copies of the
				  procedures, signed by the child's authorized representative(s), shall be
				  maintained in the child's record.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88069 - Children's Medical Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
				  80069, the following shall apply:
(1) The foster family agency shall provide
				  the certified parent(s) or foster family home licensee(s) with a copy of each
				  child's current medical assessment.
(2) If a current medical assessment cannot be
				  obtained, the foster family agency shall ensure that a current medical
				  assessment is completed within 30 days of placement of the child.
(A) If the medical assessment cannot be
				  completed within 30 days, a medical appointment date shall be obtained by the
				  foster family agency within 30 days of placement of the
				  child.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88069.1 - Individualized Health Care Plans for Specialized Certified Family Homes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The foster
				  family agency shall not place a child with special health care needs in a
				  specialized certified family home unless the foster family agency has obtained
				  an individualized health care plan for the child. The plan shall include the
				  following information:
(1) The name, address,
				  and phone number of the registered nurse specified in Section
				  88065.1.
(2) The appropriate number of hours of
				  on-site supervision and monitoring, and the appropriate number of hours of
				  off-site supervision and monitoring, needed to be provided by the nurse
				  specified in Section
				  88069.1(a)(1).
(3) Documentation by the child's
				  individualized health care plan team identifying 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
				  certified parent for the provision of specialized in-home health care,
				  including any required training and/or additional training.
(6) Identification of any available and
				  funded medical services that are to be provided to the child in the home which
				  may include, but is not limited to, assistance from health care
				  professionals.
(7) Identification
				  of any psychological, emotional, behavioral, or medical problems that will be
				  identified in the child's needs and services plan or the medical assessment
				  specified in Sections
				  80069 and
				  88069.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88069.2 - Health Protection of Children-General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each foster family agency shall ensure
				  the provision of preventive and remedial medical care by a qualified physician
				  or a medical clinic. The medical care provided shall include:
(1) For infants, well baby care; for all
				  other children, medical interventions as required.
(A) Physical examinations must be conducted
				  at least annually or more often as recommended by a
				  physician.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8.8 - Foster Family Agencies › Article 7 - Continuing Requirements › Section 88069.3 - Immunizations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A child for
				  whom vaccination against the following diseases cannot be verified shall
				  receive the first dose of the appropriate vaccines as determined by a physician
				  within 30 calendar days of placement in the home and shall receive follow-up
				  doses as recommended by a physician.
(1)
				  Poliomyelitis.
(2)
				  Diptheria.
(3) Pertussis, i.e.,
				  whooping cough.
(4)
				  Tetanus.
(5) Measles.
(6) Rubella, i.e., German measles.
(7) Mumps.