Cal. Code Regs. tit. 11 § 930.30

Current through Register 2024 Notice Reg. No. 21, May 24, 2024

Section 930.30 - Definitions

For the purpose of this article, the following glossary of terms shall apply whenever the following terms are used:

(a) "Child" means a person who is under 18 years of age.

(b) "Child abuse" means serious abuse and general neglect.

(1) "General neglect" means the negligent failure of a child care provider to provide adequate food, clothing, shelter, medical care or supervision where no physical injury has occurred.

(2) "Serious abuse" means all sexual abuse, severe neglect as defined in Penal Code section 11165.2, subdivision (a), any act or omission proscribed by Penal Code section 273a or 273d, and/or any infliction of a non-accidental physical injury on a child. Mutual affrays or voluntary consensual sexual exploration between children of similar age do not constitute child abuse.

(c) "Child Abuse Reporting Law" means Penal Code section 11164, et seq.

(d) "Child Placement Agency" means any agency, public or private, authorized to engage in finding homes or other facilities for the placement of children for temporary or permanent care or adoption, including but not limited to probation departments, county welfare departments, adoption agencies, and agencies that place children with mental or developmental special needs.

(e) "Child Protective Agency" means a police or sheriff's department, a county probation department, or a county welfare department.

(f) "Child Welfare Agency" means a county probation or county welfare department, whichever of the two departments has responsibility for taking a minor into temporary custody and/or placing the child in temporary or permanent care.

(g) "Complaint" means any allegation that a statute or regulation of this state has been violated.

(h) "Exempt Facility" means a facility not required by law to be licensed.

(i) "Infant" means a child who is under two years of age,

(j) "Investigation" means any activity by a child protective agency or licensing agency in response to a complaint or report of suspected child abuse including: required reporting; assessing the nature and seriousness of the abuse; conducting interviews; gathering and preserving evidence, determining whether the report is unfounded; taking measures to ensure the safety of the children; notification of action taken, or disposition after completion of the investigation, as required by this article; notifying mandated reporters and all appropriate agencies of the results of the investigation, of any formal or informal action taken by the appropriate agency, and of the final disposition.

(k) "Investigator" means any personnel from a child protective or licensing agency who conducts an investigation of a report or complaint of child abuse in an out-of-home care facility.

(l) "Law Enforcement Agency" means a police or sheriff's department, whichever of the two departments has jurisdiction.

(m) "Licensing Agency" means any agency authorized to issue, revoke or suspend the license of an out-of-home care facility and includes the State Department of Social Services, Community Care Licensing Division, the county agency which has contracted with the State Department of Social Services for performance of those duties, and the state Department of Health Services.

(n) "Licensed Facility" means any facility required by law to be licensed whether presently licensed or not.

(o) "Mandated Reporter" means any person required to report child abuse pursuant to Penal Code section 11166.

(p) "Out-Of-Home Care Facility" means any agency, institution, facility, shelter, center, school, camp, home, or hospital, which is responsible for a child's care and welfare and includes but is not limited to:

(1) "Family Day Care Home" means a facility which regularly provides care, protection and supervision to 12 or fewer children in the provider's own home, for periods of less than 24 hours per day, while the parent or guardian is away except as provided in Health and Safety Code section 1597.41, and includes:

(A) Large Family Day Care Home - a home which provides family day care to 7 to 12 children, inclusive, including children under the age of 10 years who reside at the home;

(B) Small Family Day Care Home - a home which provides family day care to six or fewer children, including children under the age of 10 years who reside at the home;

(2) "Child Day care Facility" means any facility which provides less than 24 hour non-medical care, protection and supervision for children and includes infant centers, preschools, day care centers, family day care homes, and extended day care facilities.

(3) "Foster Family Home" means any residential facility which provides 24 hour care and supervision for six or fewer foster children in the residence of the foster parent(s), including their own family, in whose care the foster children have been placed;

(4) "Small Family Home" means any residential facility which provides 24 hour care to six or fewer foster children who have mental disorders or development or physical disabilities and who require special care and supervision as result of their disability or handicap;

(5) "Group Home or Institution" means any residential facility of any capacity providing 24 hour non-medical care and supervision for children in a structured environment with such services provided at least in part by staff employed by the licensee;

(6) Juvenile Hall;

(7) Public or Private schools;

(8) California Youth Authority;

(q) "Primary Agency" means the investigating agency that has primary responsibility for conducting the investigation.

(r) "Reporting Party" means the person(s) initially reporting the abuse under Penal Code section 11166.

(s) "Residential Facility" means any family or group home which provides 24 hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

(t) "State Funded Resource and Referral Agency" means a resource and referral agency funded under Education Code section 8210.

(u) "Unfounded Report" means a report of child abuse which, after investigation, is determined to be false, inherently improbable, (i.e., patently false or physically impossible), to involve an accidental injury, or not to constitute child abuse as defined in Penal Code section 11165.5. Alternative explanations for the alleged abuse or mere conflicts in statements of the victim and/or other witnesses are not adequate alone for a determination that a report is unfounded.

(v) "Voluntary Inter-Agency Investigation Team" means a local voluntary association of law enforcement agencies, county welfare and Probation departments, child placement agencies, and state or county licensing agencies established for the sharing of information and coordination of investigations of reports of child abuse occurring in out-of-home care facilities.

Cal. Code Regs. Tit. 11, § 930.30

1. New section filed 2-22-91; operative 3-24-91 (Register 91, No. 16).

Note: Authority cited: Sections 11174 and 11174.1, Penal Code. Reference: Sections 11165 through 11165.12, 11166 and 11170, Penal Code; Sections 20, 1253, 1502(a)(5), 1538, 1596.75 through 1596.78, 1596.81, 1596.853 and 1597.41, Health & Safety Code, Section 8210, Education Code; Planned Parenthood Affiliates of California v. John Van de Kamp (1986) 181 Cal.App.3d 245.

1. New section filed 2-22-91; operative 3-24-91 (Register 91, No. 16).