Current through Register 2024 Notice Reg. No. 12, March 22, 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.
(d) Within seven days of the above reported
incident, submit to the Department a written report that contains the
following:
(1) Name, address, and telephone
number of the certified family parent(s) involved.
(2) Child's name, age, sex, and date of
admission.
(3) Name, address, and
telephone number of the foster family agency or other personnel
involved.
(4) Date and nature of
the incident.
(5) Whether abuse
report was required and filed.
(6)
Attending physician's name, findings, and treatment, if any.
(7) Disposition of the
case.
(e) If the analysis
of the incident reported takes longer than seven working days, send an interim
written report to the Department within seven days and follow-up with the final
written report within ten days of concluding the analysis.
(f) The foster family agency shall report the
following to the Department within ten working days:
(1) A change in the licensee's or applicant's
mailing address.
(A) Report the individual's
name, old address, new address, and date of the change.
(2) A change in the administrator or chief
executive officer.
(A) Include the name,
mailing and residence address of the new individual.
(B) Submit the individual's beginning
date.
(C) Send verification of the
administrator's education, experience, and
qualifications.
(g) The foster family agency shall report as
follows to the child's authorized representative and placement agency:
(1) Report the following events no later than
the next working day:
(A) The items specified
in Sections
88061(c)(1) through
(8).
(B) The placement or removal of a child in a
certified family home or licensed foster family home, under emergency
circumstances and without the authorized representative's
participation.
(C) A determination
that the child must be relocated to another placement facility, because the
foster family agency cannot meet the needs of the child.
(2) Report the following within seven days:
(A) The determination that the child must be
relocated to another certified family home or licensed foster family
home.
(B) Information that the
child is not enrolled in or regularly attending
school.
(h) The
foster family agency shall provide to the Department a log of family homes
certified and decertified during the month by the tenth day of the following
month.
(1) During the month, the foster
family agency shall notify the Department within one business day of
determining it necessary to decertify a certified family home due to any of the
following actions by the certified family parent.
(A) Violating licensing rules and
regulations.
(B) Aiding, abetting,
or permitting the violation of licensing rules and regulations.
(C) Conducting oneself in a way that is
inimical to the health, morals, welfare, or safety of a child placed in that
certified family home.
(D) Being
convicted of a crime while a certified family parent.
(E) Knowingly allowing any child to have
illegal drugs or alcohol.
(F)
Committing an act of child abuse or neglect or act of violence against another
person.
(2) Notify the
Department by the most expeditious means, including, but not limited to,
telephone, fax, e-mail, or letter.
(i) The foster family agency shall notify the
Department before any of the following occurs:
(1) The establishment of a
suboffice.
(2) A change in location
of the administrative office or any suboffice.
(3) A change in the conditions or limits
described on the license.
(4) Any
changes in the plan of operation that affect services to children.
(5) A change of licensee, as required by
Health and Safety Code Sections
1524
and
1524.1,
including the following:
(A) Sale or transfer
of the majority of stock.
(B)
Separation from a parent company.
(C) Merger with another
company.
(j)
The foster family agency shall notify the local health officer, as set forth in
Title 17, California Code of Regulations, Section
2500, regarding the items
specified in Sections
88061(c)(5) through
(7) above.
(1) The licensee shall report to the local
health officer all outbreaks or suspected outbreaks involving two or more
children of any communicable disease listed in Handbook Section
88061(j)(1)(A).
(k) The foster family agency shall report
immediately to the local fire authority any fires or explosions in or on the
premises of a foster family agency, certified family home, or foster family
home used by the foster family agency.
(1) In
areas not having organized fire services, the foster family agency shall report
to the State Fire Marshal within 24 hours.
(l) The foster family agency shall send, by
certified mail, copies of substantiated complaints to the persons designated in
each child's placement agreement, as required by Health and Safety Code Section
1538.5(b).
1. New
article 7 and section filed 9-30-93; operative 11-1-93 (Register 93, No.
40).
2. Repealer and new section and amendment of 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, including
amendment of subsection (j)(1), 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: Section
11174.1, Penal
Code; and Sections
1501,
1524,
1524.1,
1538,
1538.5
and
1550,
Health and Safety Code.
