California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 9.5 - Foster Family Homes › Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members › Section 89372 - Personal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  caregiver shall ensure that each "child" is accorded the personal rights
				  specified in Welfare and Institutions Code section
				  16001.9.
				  In addition, the caregiver shall ensure that each "child" is accorded the
				  following personal rights:
(1) To be free
				  from corporal or unusual punishment, infliction of pain, humiliation,
				  intimidation, ridicule, coercion, threat, physical, sexual, emotional, mental,
				  or other abuse, or other actions of a punitive nature including but not limited
				  to interference with the daily living functions of eating, sleeping, or
				  toileting, or withholding of shelter, clothing, or aids to physical
				  functioning.
(2) To be provided
				  with and allowed to possess and use adequate personal items, which includes
				  their own:
(A) Clothes, provided the clothes
				  are age-appropriate as defined in Section
				  89201, subsection (a)(2), do not
				  violate school standards when worn during school activities, and are in
				  accordance with the Welfare & Institutions Code section
				  16001.9(a)(23).
(B) Toiletries and personal hygiene products,
				  including enclosed razors used for shaving, as age and developmentally
				  appropriate.
(C) Belongings,
				  including items that were a gift to the "child."
(3) Provided the rights of others are not
				  infringed upon, to have visitors that include:
(A) Relatives, unless prohibited by court
				  order.
(B) The authorized
				  representative for the "child."
(C)
				  Other visitors, unless prohibited by court order or by the authorized
				  representative for the "child."
(4) To be informed and to have his or her
				  authorized representative informed, by the caregiver of the provisions of law
				  regarding complaints, including the address and telephone number of the
				  licensing agency and about the confidentiality of complaints.
(5) To make and receive confidential
				  telephone calls, and send and receive unopened mail and electronic
				  communication, unless prohibited by court order.
(A) Reasonable restrictions may be imposed by
				  the caregiver, social worker, or probation officer on calls and
				  correspondence.
(B) Other
				  reasonable restrictions may be imposed. The caregiver may:
1. Request reimbursement for the cost of long
				  distance calls made by the "child" from the "child" or his or her authorized
				  representative,
2. Deny the making
				  of long distance calls by the "child" upon verification that previous long
				  distance calls have not been paid,
3. Ensure that telephone use does not
				  infringe upon the rights of others, nor tie up the phone during emergencies,
				  and
4. Restrict the telephone use
				  of the "child" as reasonable discipline except as provided in (D) below, and
				  shall be subject to social worker or probation officer review.
5. Restrict Internet usage when
				  appropriate.
(C) No
				  restrictions shall be applied to telephone calls, mail, and electronic
				  communication with relatives, including brothers and sisters, unless prohibited
				  by court order.
(D) No restrictions
				  shall be applied to telephone calls, mail, and electronic communication with
				  social workers, authorized representatives, attorneys, foster youth advocates
				  and supporters, Court Appointed Special Advocates (CASA), and probation
				  officers.
(6) To have
				  access to letter writing material.
(7) To be accorded the independence
				  appropriate to the age, maturity, and capability of the "child" consistent with
				  the written plan identifying the specific needs and services of the "child" or
				  the Transitional Independent Living Plan (TILP) of the "child," if
				  applicable.
(8) Not to be
				  restrained or placed in any restraining device other than as specified in
				  Section 89475.2, Postural Supports and
				  Protective Devices.
(9) To be
				  accorded dignity in their personal relationships with other persons in the
				  home.
(A) To be free from unreasonable
				  searches of person.
(10)
				  To have private or personal information including, but not limited to, any
				  medical condition or treatment, psychiatric diagnosis or treatment, history of
				  abuse, school reports reflecting poor performance or behavior, and information
				  relating to the biological family of the "child," maintained in confidence.
(A) The caregiver shall disclose information
				  about the "child" to the biological family, Juvenile Court, the minor's social
				  worker, placement worker, probation officer, physician, psychiatrist, CASA,
				  attorney, authorized representative, and licensing or approval agency, unless
				  such disclosure is prohibited by court order.
(B) As needed to ensure appropriate care,
				  supervision, or education of the "child," the caregiver shall disclose
				  information to respite care providers, occasional short-term babysitters,
				  alternative caregivers, school officials, and other persons, unless such
				  disclosure is prohibited by court order.