Section 83072 - [Operative until 7/1/2024] Personal Rights(a) Each facility licensed to provide foster care for six or more children shall post a listing of a foster child's rights.(b) Each facility shall provide each school age child, who is placed in foster care, and his or her authorized representative with an age and developmentally appropriate orientation that includes an explanation of the rights of the child and addresses the child's questions and concerns.(c) At admission, each child, and his/her authorized representative, shall be personally advised of and given a copy of the child's rights as specified in Subsection (d) below:(d) The licensee shall ensure that each child, regardless of whether the child is in foster care, is accorded the personal rights specified in Welfare and Institutions Code section 16001.9, as applicable. In addition, the licensee shall ensure that each child is accorded the following personal rights: (1) To have visits and contact with the following, provided the rights of others are not infringed upon, including: (A) Brothers and sisters, unless prohibited by court order. 1. Other relatives, unless prohibited by court order or by the child's authorized representative.(B) Authorized representative.(C) Other visitors unless prohibited by court order or by the child's authorized representative.(2) To be provided with and allowed to possess and use adequate personal items, consistent with Welfare & Institutions Code section 16001.9(a)(23),which includes their own: (A) Clothing items, provided the clothes are age-appropriate. (1) Clothing provided for school shall not violate school standards.(B) Toiletries and personal hygiene products, including enclosed razors used for shaving, as age and developmentally appropriate.(C) Personal belongings, including items that were a gift to the child unless prohibited as part of a discipline program.(3) To possess and control his/her own cash resources, maintain an emancipation bank account and manage personal income consistent with the child's age and developmental level, unless otherwise agreed to in the child's needs and services plan and by the child's authorized representative.(4) To make and receive confidential telephone calls, unless prohibited by court order. (A) Reasonable restrictions to telephone use may be imposed by the licensee. The licensee shall be permitted to: 1. Restrict the making of long distance calls upon documentation that requested reimbursement for previous long distance calls has not been received;2. Restrict phone use in accordance with the facility's discipline program;3. Impose restrictions to ensure that phone use does not infringe on the rights of others or restrict the availability of the phone during emergencies.(B) All restrictions shall be documented in the child's needs and services plan or the facility's discipline policies, and be signed by the child's authorized representative.(C) Calls permitted to be restricted by subsections (A)1. and (A)2. above shall not include calls to the child's authorized representative, placement agency, family members (except by court order), social workers, attorneys, Court Appointed Special Advocates (CASA), probation officers, Community Care Licensing Division of the California Department of Social Services or the State Foster Care Ombudsperson.(5) To have access to letter writing material and to send and receive unopened correspondence unless prohibited by court order.(6) To be accorded dignity in his/her personal relationships with staff and other persons.(7) To be free of physical, sexual, emotional, or other abuse, and from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature including but not limited to interference with the daily living functions of eating, sleeping, or toileting, or withholding of shelter, clothing, or aids to physical functioning.(8) To be informed, and to have his or her authorized representative informed by the licensee of the provisions of law regarding complaints including, but not limited to, the address and telephone number of the complaint receiving unit of the licensing agency, and of information regarding confidentiality.(9) To be free to attend religious services or activities of his/her choice and to have visits from the spiritual advisor of his/her choice. Attendance at religious services, in or outside of the facility, shall be on a completely voluntary basis.(10) To not be locked in any room, building, or facility premises at any time.(A) The licensee shall not be prohibited by this provision from locking exterior doors and windows or from establishing house rules for the protection of clients provided the clients are able to exit the facility.(B) The licensee shall be permitted to utilize means other than those specified in (A) above for securing exterior doors and windows only provided the clients are able to exit the facility and with the prior approval of the licensing agency.(11) Not to be placed in any restraining device. Postural supports may be used if they are approved in advance by the licensing agency as specified in (A) through (F) below. (A) Postural supports shall be limited to appliances or devices including braces, spring release trays, or soft ties used to achieve proper body position and balance, to improve a client's mobility and independent functioning, or to position rather than restrict movement including, but not limited to, preventing a client from falling out of bed, a chair, etc. 1. Physician-prescribed orthopedic devices such as braces or casts used for support of a weakened body part or correction of body parts are considered postural supports.(B) All requests to use postural supports shall be in writing and include a written order of a physician indicating the need for such supports. The licensing agency shall be authorized to require other additional documentation in order to evaluate the request.(C) Approved postural supports shall be fastened or tied in a manner which permits quick release by the child.(D) The licensing agency shall approve the use of postural supports only after the appropriate fire clearance, as required by Section 80020(a) or (b), has been secured.(E) The licensing agency shall have the authority to grant conditional and/or limited approvals to use postural supports.(F) Under no circumstances shall postural supports include tying of, or depriving or limiting the use of, a child's hands or feet. 1. A bed rail that extends from the head half the length of the bed and used only for assistance with mobility shall be allowed with prior licensing approval. Bed rails that extend the entire length of the bed are prohibited.(G) Protective devices including, but not limited to, helmets, elbow guards, and mittens which do not prohibit a client's mobility but rather protect the client from self-injurious behavior are not to be considered restraining devices for the purpose of this regulation. Protective devices may be used if they are approved in advance by the licensing agency as specified below. 1. All requests to use protective devices shall be in writing and include a written order of a physician indicating the need for such devices. The licensing agency shall be authorized to require additional documentation including, but not limited to, the Individual Program Plan (IPP) as specified in Welfare and Institutions Code Section 4646, and the written consent of the authorized representative, in order to evaluate the request.2. The licensing agency shall have the authority to grant conditional and/or limited approvals to use protective devices.(H) Under no circumstances shall postural supports or protective devices be used for disciplinary purposes.(e) Nothing in this section shall be interpreted to require a licensee to take any action that would impair the health and safety of children in out-of-home placement consistent with Welfare & Institutions Code section 16001.9(b).Cal. Code Regs. Tit. 22, § 83072
1. Amendment of section and NOTE filed 8-16-2004; operative 9-15-2004 (Register 2004, No. 34).
2. Amendment filed 1-17-2007; operative 2-16-2007 (Register 2007, No. 3).
3. Amendment of section and NOTE filed 8-24-2017; operative 10-1-2017 (Register 2017, No. 34). Note: Authority cited: Sections 1502.8 and 1530, Health and Safety Code. Reference: Sections 1501, 1530.91 and 1531, Health and Safety Code; and Section 16001.9, Welfare and Institutions Code.
1. Amendment of section and Note filed 8-16-2004; operative 9-15-2004 (Register 2004, No. 34).
2. Amendment filed 1-17-2007; operative 2-16-2007 (Register 2007, No. 3).
3. Amendment of section and Note filed 8-24-2017; operative 10/1/2017 (Register 2017, No. 34).