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 89387 - Buildings and Grounds

Universal Citation: 22 CA Code of Regs 89387

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The caregiver shall provide bedrooms in the home which shall meet, at a minimum, the following requirements unless a Documented Alternative Plan (LIC 973) is approved:

(1) No more than two children shall share a bedroom.

(2) Children of different sexes shall not share a bedroom unless:
(A) A minor parent may share a bedroom with the minor parent's child of a different sex.

(B) Each child is under 5 years of age, or:

(C) A Caregiver is permitting a child to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents.
(A) In bedrooms shared by an adult and infant, no more than two infants and two adults shall share the room.

(B) A "child" who turns 18 and meets the requirements specified in Section 89201, subsection (c)(7)(A) or (B) is not considered an adult for purposes of this section and may continue to share a bedroom with another "child."

(3) Except for infants, children shall not share a bedroom with an adult.

(4) No room commonly used for other purposes shall be used as a bedroom.
(A) Such rooms shall include but not be limited to halls, stairways, unfinished attics or basements, garages, storage areas and sheds or similar detached buildings.

(5) No bedroom shall be used as a public or general passageway to another room.

(6) Each bedroom shall have at least one operable window or door that ensures safe, direct, emergency exit to the outside. If security window bars are used, the window is considered operable only if the window bars have a safety release device that meets all state and local requirements. If the caregiver's home is in a high rise building, the caregiver is subject to the rules and regulations set forth by the State Fire Marshal.

(7) The caregiver shall provide each "child" with an individual bed which is equipped with a clean, comfortable mattress, clean linens, blankets, and pillows, as needed, all in good repair.
(A) Linen shall be changed at least once per week or more often when necessary to ensure that clean linen is in use by a "child" at all times.

(B) Beds shall be arranged to allow easy passage between beds and easy entrance into the room.

(8) Bunk beds of more than two tiers shall not be used.
(A) Bunk beds shall have railings on both sides of the upper tier to prevent falling.

(B) A "child" under six years of age or who is unable to climb into or out of the upper tier unassisted shall not be permitted to use the upper tier.

(9) The caregiver shall provide each infant with a safe and sturdy bassinet or crib, appropriate to the age and size of a "child." The following shall apply to cribs:
(A) Tiered or stacked cribs shall not be permitted.

(B) Crib slats shall not pose the danger of an infant being trapped.

(C) Crib mattresses shall be clean, comfortable and fit properly in the crib.

(D) Linen shall be changed at least once per week or more often when necessary to ensure that clean linen is in use by infants at all times.

(E) An infant who can climb out of a crib shall be provided with an age-appropriate bed.

(10) Each bedroom shall have portable or permanent closets and drawer space to accommodate the child's clothing and personal belongings.

(11) Subsections (a)(1) through (a)(10) apply to all bedrooms used by all children residing in the home, including children who are members of the caregiver's family, guardianship children, children of a minor parent, and children in care.

(12) Subsections (a)(4) and (a)(5) apply to all bedrooms used by the caregiver and all other adults residing in the home.

(b) In every situation where children share a bedroom, the Caregiver shall document that the bedroom sharing arrangement ensures the health and safety of each child and that the children are compatible. When considering compatibility a Caregiver shall consult with children in their care, in an age and developmentally appropriate manner, regarding the child's sexual orientation and gender identity and what information the child wishes to disclose and to whom. A Caregiver shall not disclose information about the child's sexual orientation and/or gender identity against the child's wishes, unless compelled to do so by law or court order. This documentation shall be maintained in the child's record.

(c) The home shall be clean, safe, sanitary, and in good repair at all times.

(1) The licensee shall take measures to keep the home reasonably free of flies and other insects.

(d) All outdoor and indoor passageways, stairways, inclines, ramps, and open porches shall be kept free of obstruction.

(e) A caregiver who accepts a "child" under 10 years of age or a "child" who is developmentally, mentally, or physically disabled shall ensure that swimming pools, fixed-in-place wading pools, hot tubs, spas, or similar bodies of water are inaccessible.

(1) The caregiver shall use the reasonable and prudent parent standard as defined in Welfare and Institutions Code section 362.04, subsection (a)(2) and as specified in Section 89377, Reasonable and Prudent Parent Standard, when deciding whether a "child" should have access to fish ponds, fountains, creeks, and similar bodies of water.

(2) Inaccessibility shall be assured by using at least one of the following safety features in subsections (A) or (B) below:
(A) The pool shall be isolated from access to the home by an enclosure, as defined in Health and Safety Code section 115921, subsection (c) and as specified in section 115923 and does not obscure the pool from view.
1. If removable mesh pool fencing is used as the enclosure as provided in Health and Safety Code section 115922, subsection (a)(2), the caregiver shall ensure that it is installed and maintained according to the manufacturer's specifications.

(B) The pool shall be equipped with an approved safety pool cover as defined in Health and Safety Code section 115921, subsection (d). A pool safety net that meets the American Society for Testing and Materials standards is considered an approved safety pool cover. Pool covers shall be supported by flotation devices.
1. If a foster family home has dual licensure as a family child care home, a pool safety net shall not be permitted.

(C) When the licensing or approval agency determines that it is not possible for the caregiver to comply with subsections (A) or (B) above, the home shall be equipped with exit alarms, as defined in Health and Safety Code section 115921, subsection (e), on doors or windows that provide direct access to the pool.
1. All windows in rooms that provide direct access from the home to the pool or body of water shall be secured so that they cannot open more than 4 inches.

(D) The caregiver may use other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth in subsections (A) to (C). The other means of protection must be approved in writing by the licensing or approval agency.
1. If licensed or approved prior to June 1, 1995, homes with existing pool fencing shall be exempt from the fence requirements specified in subsection (d)(1)(A) until such fence is replaced or structurally altered. When the caregiver replaces or alters the fence, it shall be required to meet the fence requirements specified in subsection (d)(1)(A).

(f) If the home has an above-ground pool, the pool shall be made inaccessible when not in use by removing or making the ladder inaccessible and if the pool is less than 60 inches in height, by the use of a barricade. Any barricade, whether or not it includes the above-ground pool structure itself, shall meet the requirements of subsection (d)(1)(A).

(g) All pools that cannot be emptied after each use shall have an operative pump and filtering system.

(h) An adult who has the ability to swim shall provide supervision at all times when "a child" is using a pool or a body of water from which rescue requires the rescuer's ability to swim.

(i) If the caregiver provides a yard or outdoor activity space, it shall be free from hazards that endanger the health and safety of a "child."

(j) The caregiver who accepts a "child" with a disability shall make necessary specific provisions including, but not limited to, changes to the buildings and grounds as required to protect and assist a "child" and to maximize the potential of a "child" for self-help.

(k) The caregiver shall maintain at least one toilet, sink, and tub or shower in safe, clean operating condition.

(1) If age and developmentally appropriate, individual privacy shall be provided to a "child" in all toilet, bath, and shower areas.

(2) Bathrooms shall be located inside the home.

(l) The caregiver shall maintain a safe and comfortable temperature for a "child" in the home at all times.

(m) The caregiver shall ensure the safety of a "child" in a home that has fireplaces, open-faced heaters, or woodstoves.

(n) The caregiver shall provide lighting as necessary in all rooms and other areas to ensure comfort and safety in the home.

(o) Faucets used by a "child" for personal care and grooming shall deliver hot water at a safe temperature.

(p) Waste shall be stored, located, and disposed of in a manner that will not permit the transmission of communicable disease or odors, create a nuisance, provide a breeding place or food source for insects or rodents.

(q) Except a home with a sprinkler system, a home shall have an approved, commercially manufactured, and functioning smoke detector installed in the hallway(s) in each sleeping area in the home. The smoke detectors shall be audible in each bedroom or sleeping room.

(r) The licensee shall prohibit smoking inside the home.

(s) Smoking on the outside of the home is permitted, as long as the child is not present.

(t) Every foster family homes shall have one or more carbon monoxide detectors in the home that meets the standards established in Health and Safety Code Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.

1. Renumbering of portions of former sections 87064, 87087 and 87088 to section 89379, 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 portions of former sections 87064, 87087 and 87088 to section 89379, 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, including further amendments, transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Change without regulatory effect amending subsection (d)(1)(C) filed 7-1-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 27).
5. Amendment of section, including renumbering and amendment of former section 89387.1 to subsection (h), and amendment of NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
6. Change without regulatory effect adding subsections (q)-(s) and amending NOTE filed 7-7-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 28).
7. Amendment of subsections (a)(2)-(a)(2)(B), new subsections (a)(2)(C) and (b), subsection relettering and amendment of NOTE filed 8-24-2017; operative 10-1-2017 (Register 2017, No. 34).

Note: Authority cited: Sections 1502.8, 1530, 1530.5 and 115926, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1501, 1501.1, 1503.2, 1530, 1531, 1531.4, 115921, 115922(a), 115923, 13260, 13261, 13262 and 13263, Health and Safety Code; Sections 361.2(j)-(j)(1)(B), 361.2(j)(2), 362.04, 11403, 16001.9 and 17710, Welfare and Institutions Code; and Commercial Practices, 16 C.F.R. Section 1513.6.

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