Current through Register 2024 Notice Reg. No. 12, March 22, 2024
In addition to Section
80001, the following shall
apply:
(a)
(1) "Administrative Office" means the central
administrative headquarters of the foster family agency and specified on the
license(s) as such.
(2)
"Administrator" means the person designated by the Board of Directors to be
responsible for the operation of the foster family agency.
(c)
(1)
"Caseload" means the total number of children assigned to a foster family
agency employee.
(2) "Certificate
of Approval" means the document issued by a licensed foster family agency which
authorizes a home to operate as a certified family home to be used exclusively
by that foster agency.
(3)
"Certified Family Home" means a family residence certified by a licensed foster
family agency and issued a certificate of approval by that agency as meeting
licensing standards, and used only by that foster family agency for
placements.
(4) "Certified Parent"
means the adult(s) residing in the home certified by the foster family agency
to provide care and supervision to children placed exclusively by that foster
family agency.
(c)
(5) "Child" means a person who is under 18
placed with a foster family agency by a regional center, a parent or guardian,
or a public child placement agency with or without a court order for subsequent
placement with a caregiver in a certified family home. "Child" also means a
person who is:
(A) 18 or 19, meets the
requirements of Welfare and Institutions Code section
11403,
and continues to be provided with care and supervision by the caregiver in the
home, or
(B) 18-22 as specified in
the definition for "child with special health care needs" under subsection
(c)(6) and continues to be provided with care and supervision by the caregiver
in the home.
(6) "Child
with Special Health Care Needs" means a person who is 22 years of age or
younger, who meets the requirements of Welfare and Institutions Code section
17710,
subsection (a) and all of the following conditions:
(A) Has a medical condition that requires
specialized in-home health care and
(B) Is one of the following:
1. A child who has been adjudged a dependent
of the court under Welfare and Institutions Code section
300.
2. A child who has not been adjudged a
dependent of the court under Welfare and Institutions Code section
300,
but who is in the custody of the county welfare department.
3. A child with a developmental disability
who is receiving services and case management from a regional
center.
(7)
"Client" means each individual child placed with the foster family
agency.
(8) "Complaint" means any
notice of an alleged violation of any regulation or statute of this state,
including but not limited to, Title 22 regulations and Penal Code
violations.
(f)
(1)
"Family Health Care" means health care which does not require the skills of
qualified technical or professional personnel and is provided to a child by the
foster parent in accordance with Section
83075(e). When
these requirements are met, the family health care that may be provided
includes, but is not limited to the following:
(A) Routine administration of medications
such as the administration of suppositories, ointments, lotions, pills, enemas
or medications given by liquid medication dispenser, puffer, dropper or
nebulizer.
(B) Changing ostomy or
indwelling urinary catheter bags.
(C) Urine and blood glucose testing using a
monitoring kit approved for home use.
(D) Heart and apnea monitoring when it is
simply the case of providing stimulation to the infant/child when the cardiac
or respiratory rate falls below a specified rate and not a matter of
interpreting a monitor pattern with the intervention based on that
interpretation.
(E) Assistance with
procedures self-administered by older children free of severe mental or
physical disabilities such as insulin injection and oxygen
administration.
(2)
"Foster Family Agency" means any organization engaged in the recruiting,
certifying, and training of, and providing professional support to, certified
parent(s), or in finding homes for placement of children for temporary or
permanent care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated on a
nonprofit basis.
(3) "Foster Family
Home" means any residential facility providing 24-hour care for six or fewer
foster children which is owned, leased, or rented and is the residence of the
foster parent or parents, including their family, in whose care the foster
children have been placed. The placement may be by a public or private child
placement agency or by a court order, or by voluntary placement by a parent,
parents, or guardian.
(4)
"Full-Time" means employment of a total of 40 hours for one week or a total of
173 hours for one month.
(g)
(1)
"Gender Expression" refers to the ways a person communicates their gender
identity through clothing, haircut, behavior and interaction with
others.
(2) "Gender Identity" means
a person's internal identification or self-image as male, female, or
other.
(3) "Geographic Area" means
the area served by the foster family agency administrative office and
suboffice(s), if any.
(h)
(1) "Health Care Professional" means a
physician or an individual who is licensed or certified under Division 2 of the
Business and Professions Code to perform the necessary client care procedures
prescribed by a physician. Such health care professionals include the
following: Registered Nurse, Public Health Nurse, Licensed Vocational Nurse,
Psychiatric Technician, Physical Therapist, Occupational Therapist and
Respiratory Therapist.
(i)
(1)
"Individualized Health Care Plan" means the written plan developed by an
individualized health care plan team and approved by the team physician, or
other health care professional designated by the physician to serve on the
team, for the provision of specialized in-home health care.
(2) "Individualized Health Care Plan Team"
means those individuals who develop an individualized health care plan for a
child with special health care needs. This team must include the child's
primary care physician or other health care professional designated by the
physician, any involved medical team, the county social worker or regional
center caseworker, and the registered nurse employed by or under contract with
the foster family agency to supervise and monitor the specialized in-home
health care provided to the child as stated in the child's individualized
health care plan. The individualized health care plan team may include, but
shall not be limited to, a public health nurse, representatives from the
California Children's Services Program or the Child Health and Disability
Prevention Program, regional centers, the county mental health department and
where reunification is the goal, the parent or parents, if available. In
addition, the individualized health care team may include the prospective
specialized certified parent(s) who shall not participate in any team
determination required by Sections
83010.1(a)(1)(C),
83065.1(a)(1)(B)
and 88030.1(c)(1)(B).
(j) through (l) (Reserved)
(m)
(1)
"Medical Conditions Requiring Specialized In-Home Care" means, provided that
care may be safely and adequately administered in the home:
(A) A dependency upon one or more of the
following when, but for the fact that trained foster parents may provide these
services under Welfare and Institutions Code Section
17736,
the skills of qualified technical or professional personnel would be necessary:
enteral feeding tube, total parenteral feeding, a cardiorespiratory monitor,
intravenous therapy, a ventilator, oxygen support, urinary catheterization,
renal dialysis, ministrations imposed by tracheostomy, colostomy, ileostomy,
ileal conduit, or other medical or surgical procedures or special medication
regimens, including injection, and intravenous medication; or
(B) Conditions such as AIDS, premature birth,
congenital defects, severe seizure disorders, severe asthma, bronchopulmonary
dysplasia, and severe gastroesophageal reflux when, because his/her condition
could rapidly deteriorate causing permanent injury or death, the child requires
in-home health care other than, or in addition to, family health
care.
(n)
(1) "Nontreatment Agency" means any foster
family agency that certifies a home for placement of a child(ren) pending the
adoption of the child(ren) by that family. A nontreatment agency does not
provide therapeutic services such as those specified in the definition of a
treatment agency at Section
88001 t.(1).
(p)
(1)
"Placement Hold" means a foster family agency stops placing children into a
certified family home as a result of any of the following:
(A) Pending or substantiated violations of
licensing regulations.
(B) Failure
to meet the standards of the foster family agency.
(2) "Private Foster Family Agency" means a
foster family agency organized and operated as a nonprofit corporation and not
part of any governmental entity.
(3) "Public Foster Family Agency" means a
governmental entity designated by the appropriate governing body as an agency
through which foster family agency services shall be
offered.
(s)
(1)
"Sexual Orientation" describes a person's emotional, romantic or sexual
attraction to others that may be shaped at an early age.
(2) "Specialized Certified Family Home" means
a certified family home which provides specialized in-home health care to
children.
(3) "Specialized In-Home
Health Care" means health care, other than family health care, identified by
the child's physician as appropriately administered in the home by a health
care professional or by a certified parent or staff trained by health care
professionals.
(4) "Social Work
Personnel" means employees who provide those services specified in Section
88065.3.
(5) "Suboffice" means any additional office
set up by the foster family agency to supplement the services provided by the
administrative office.
(t)
(1)
"Transgender" means a person whose gender identity does not correspond with
their anatomical sex. A transgender girl or woman is a girl or woman whose
birth sex was male but who understands herself to be female. A transgender boy
or man is a boy or man whose birth sex was female but who understands himself
to be male.
(2) "Treatment Agency"
means any foster family agency that provides therapeutic services to children
who reside in certified family homes. The services, which are identified by
social work staff assessing the child(ren)'s needs, may include, but not be
limited to, education and mental health services, sexual or physical abuse
counseling, alcohol or drug abuse counseling, and vocational training, and
determining the appropriate individual case plan to ensure those needs are
met.
(u) through (z)
(Reserved)
1. New
section filed 9-30-93; operative 11-1-93 (Register 93, No. 40).
2.
Amendment of section and NOTE filed 5-14-97; operative 6-13-97 (Register 97,
No. 20).
3. Redesignation of subsections a.-z. to (a)-(z), new
subsections (p)(1)-(p)(1)(A)-(B), subsection renumbering and amendment of NOTE
filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
4.
Amendment of section and NOTE filed 2-6-2012; operative 3-7-2012 (Register
2012, No. 6).
5. New subsections (g)(1)-(2), subsection renumbering,
new subsection (s)(1), subsection renumbering, new subsection (t)(1),
subsection renumbering and amendment of NOTE filed 8-24-2017; operative
10-1-2017 (Register 2017, No. 34).
Note: Authority cited: Sections
1502.8
and
1530,
Health and Safety Code; and Section
17730,
Welfare and Institutions Code. Reference: Sections
1502,
1506,
1506.7,
1507.2,
1530.5
and
1538,
Health and Safety Code; and Sections
11403,
17710,
17731(c),
17732(b)
and
17732.1,
Welfare and Institutions Code.