Section 83070 - [Operative 7/1/2024] Child's Records(a) In addition to Section 80070, the following shall apply.(b) For each child in the home, the licensee shall maintain a separate, complete, and most up to date record or file that includes the following: (1) A copy of the child's birth certificate if available.(2) Date of placement in the home.(3) Name, address and telephone number of the placement agency, if any.(4) Name, address and telephone number of person(s) to be contacted in an emergency when the child's authorized representative cannot be contacted.(5) Written consent which authorizes the licensee to obtain other than ordinary medical and dental care in an emergency if the authorized representative cannot be located.(6) Names of all persons authorized to take the child from the home.(7) Dental and medical history, if available, including immunization records and any physician's orders for any medically necessary diet as specified in Section 80076(a)(6).(8) Religious preference, and the name and address of clergyman or religious or spiritual adviser, if any.(9) A copy of the child's needs and services plan and any modifications thereto specified in Section 83068.2 and 83068.3.(10) A record of the continuing health needs and services received while the child is in the home, including but not limited to, physical therapy and counseling.(11) A copy of the current court order, or written authorization of the child's parent or guardian, for each psychotropic medication, as defined in Section 83001(p)(2). (A) Written authorization of the child's parent or guardian may only be documented in lieu of a court order if the child is not a dependent or ward of the court, or it is documented in the child's record that the county placing agency has verified a court order is not required.(B) This section shall not apply when the child's record contains documentation from the child's prescribing physician that the psychotropic medication has been provided in an emergency situation, as described in California Rules of Court, rule 5.640.(12) A separate log for each psychotropic medication prescribed to the child documenting all the following:(A) The name of the medication.(B) The date of the prescription.(C) The quantity of medication and number of refills initially prescribed.(D) When applicable, any additional refills prescribed.(E) The prescribed dosage and directions for use as specified in writing by the physician prescribing the medication, including any changes directed by the physician.(F) The date and time of each dose taken by the child.(G) Documentation of each refusal.1. Documentation shall include the name of the medication refused, date and time of the refusal, the reason for the refusal, who was notified of the refusal, and any observed results of the refusal.(H) Licensee or caregiver initials for each time a psychotropic medication is taken by a child, as an indication that they supervised the child self-administering their psychotropic medication. 1. Initials shall not be pre-filled on the log.(13) The original documentation signed by the child and their authorized representative acknowledging receipt of information regarding the child's personal rights as specified in Section 83072(c).(14) The names and contact information for the child's social worker(s), probation officer(s), attorney(s), service providers, foster youth advocates, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the child's Indian tribe to participate in the juvenile court proceeding, information that the child is entitled to receive from the placing agency pursuant to section 16001.9(a)(11) of the Welfare and Institutions Code.(c) Consistent with Section 80070(c), all information and records, including medical and mental health records as specified in section 16001.9(a)(26) of the Welfare and Institutions Code, obtained from or regarding a child shall be confidential. (1) Client records shall remain available to the licensing agency to inspect, audit, and copy upon demand during normal business hours, consistent with Section 80070(d).Cal. Code Regs. Tit. 22, § 83070
Note: Authority cited: Sections 1530 and 1530.91, Health and Safety Code. Reference: Sections 1501, 1507.6 and 1531, Health and Safety Code; and Sections 369.5, 739.5 and 16001.9, Welfare and Institutions Code.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507.6 and 1531, Health and Safety Code; and Sections 369.5 and 739.5, Welfare and Institutions Code.
1. Repealer and new subsection (b), new subsections (b)(11)-(b)(12)(H)1. and amendment of Note filed 5-20-2020; operative 7/1/2020 (Register 2020, No. 21).
2. Amendment of subsection (b)(8), new subsections (b)(13)-(14) and (c)-(c)(1), subsection relettering and amendment of Note filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).