Cal. Code Regs. tit. 17 § 56792

Current through Register 2024 Notice Reg. No. 35, August 30, 2024
Section 56792 - Personnel Functions and Qualifications
(a) Each vendor shall assign staff to carry out the duties described. The vendor is authorized to designate positions be different titles than those listed but is responsible for assuring the functions described are carried out. Staff who are hired by the vendor to carry out the functions listed shall meet the minimum qualifications listed in this section.
(b) The vendor shall assign a director to carry out the administrative responsibilities for the in-home respite services agency.
(1) The director shall have primary responsibility for the following functions:
(A) Organizing and supervising the agency in accordance with the agency's established policies;
(B) Overseeing the areas of budgeting, service design and implementation, project planning, staff development and training, evaluation and the direction of the in-home respite services;
(C) Selection and supervision of assigned staff; and
(D) Assuring that individual respite service workers are matched with consumers based on respite worker skill and experience and consumer supervision needs.
(2) The vendor is authorized to delegate to the director additional functions to those listed in (b)(1) above, related to the overall administration of the in-home respite service.
(3) The director shall possess the following minimum qualifications:
(A) A bachelor's degree and a minimum of 18 months of experience in the management of a human services delivery system; or
(B) Five years of experience in a human services delivery system, including at least two years in a management or supervisory position.
(c) The vendor may assign staff to carry out supervisory responsibilities for the in-home respite services agency.
(1) The vendor is authorized to delegate to the supervisor the following functions:
(A) Selection and supervision of assigned staff; and
(B) Matching individual respite service workers with consumers based on respite worker experience and consumer supervision needs.
(2) The vendor is authorized to delegate to the supervisor additional functions to those listed in (c)(1) above directly related to supervision of the in-home respite services.
(3) The supervisor shall possess the following minimum qualifications:
(A) Three years of experience in a human services related field; and
(B) The demonstrated ability to provide staff training, supervision and planning.
(d) A vendor may assign staff to carry out scheduling responsibilities for the in-home respite services agency.
(1) The vendor is authorized to delegate to the scheduler the function of arranging the times and dates for service delivery.
(2) The vendor is authorized to delegate to the scheduler additional functions to those listed in (d)(1) above.
(3) The scheduler shall possess the following minimum qualifications:
(A) Education and experience required in the job description; and
(B) The ability to perform the functions required in the service design.
(e) The vendor shall assign staff to carry out in-home respite services.
(1) Each respite worker shall be responsible for the following functions:
(A) Performing the in-home respite services;
(B) Maintaining information as required in Sections 56796(a)(4) and 56798(c)(2)(B) of these regulations;
(C) Obtaining information concerning any specific care needs unique to the individual consumer at the time, or prior to the time, when services are delivered.
(D) Obtaining phone numbers and locations where family members can be contacted during the provision of in-home respite services.
(2) The vendor shall not assign other duties to the respite worker from the above noted functions during hours the that worker is providing in-home respite services.
(3) The respite worker shall possess the following minimum qualifications:
(A) Has received Cardiopulmonary Resuscitation (CPR) and First Aid training from agencies offering such training, including, but not limited to, the American Red Cross;
(B) Education and experience required in the job description; and
(C) The ability to perform the functions required in the service design.
(f) The vendor may assign staff to carry out administrative support functions, including clerical, janitorial, and bookkeeping or accounting.
(1) The vendor is authorized to hire staff directly to carry out or to secure the performance of such functions from other entities.
(2) The administrative support staff shall demonstrate experience and the ability to perform the functions described in the job description.
(g) The vendor is authorized to assign staff to operate a motor vehicle for the purpose of carrying out assigned functions. The vendor shall assure that such staff possess a current valid driver's license which is appropriate for the type of vehicle to be driven.
(h) The vendor shall assure that any consultants it utilizes shall comply with all California licensing, certification, registration and vendorization requirements applicable to the functions to be carried out.

Cal. Code Regs. Tit. 17, § 56792

1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. New subsections (b)(3)(A)-(B) and (c)(3)(A)-(B) with renumbering of following subsections (A)-(B) to 1.-2., repealer of subsection (g) and relettering and amendment of NOTE filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 3-4-92 or emergency language will be repealed by operation of law on the following day.
4. New subsections (b)(3)(A)-(B) and (c)(3)(A)-(B) with renumbering of following subsections (A)-(B) to 1.-2., repealer of subsection (g) and relettering and amendment of NOTE refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-4-92 order including amendment of subsections (b)(3)(A)2. and (c)(3)(A)1. transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).
6. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
7. Amendment of subsection (e)(3)(A) filed 4-22-94; operative 4-22-94. Submitted to OAL for printing only (Register 94, No. 16).
8. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).
9. Change without regulatory effect amending section filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).

Note: Authority cited: Chapter 722, Statutes of 1992, Section 147; and Sections 4648, 4690.2 and 4791(i), Welfare and Institutions Code. Reference: Sections 4648, 4690.2 and 4791, Welfare and Institutions Code.

1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. New subsections (b)(3)(A)-(B) and (c)(3)(A)-(B) with renumbering of following subsections (A)-(B) to 1.-2., repealer of subsection (g) and relettering and amendment of Note filed 11-5-91 as an emergency; operative 11-5-91 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 3-4-92 or emergency language will be repealed by operation of law on the following day.
4. New subsections (b)(3)(A)-(B) and (c)(3)(A)-(B) with renumbering of following subsections (A)-(B) to 1.-2., repealer of subsection (g) and relettering and amendment of NOTE refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-4-92 order including amendment of subsections (b)(3)(A)2. and (c)(3)(A)1. transmitted to OAL 6-25-92 and filed 8-6-92 (Register 92, No. 33).
6. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
7. Amendment of subsection (e)(3)(A) filed 4-22-94; operative 4-22-94. Submitted to OAL for printing only (Register 94, No. 16).
8. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).
9. Change without regulatory effect amending section filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).