Cal. Code Regs. tit. 22 § 84265

Current through Register 2024 Notice Reg. No. 20, May 17, 2024
Section 84265 - [Operative 7/1/2024] Personnel Requirements
(a) Sections 84065(2), (h), (i), (j), (l), (m), (n), and (p) do not apply.
(b) The facility manager shall have completed one of the following before employment:
(1) Fifteen (15) semester or equivalent quarter units in behavioral science with a passing grade from an accredited or approved college or university. In addition, the facility manager must have four years of experience providing full-time direct care to children in an agency, or a group residential program, serving children.
(A) At least three of the semester units, or equivalent quarter units, shall include coursework in the care of infants.
(B) At least nine semester units, or equivalent quarter units, shall include coursework in abused and drug-exposed children.
(C) At least three semester units, or equivalent quarter units, shall include coursework in administration.
(2) An AA degree from an accredited or approved college or university with a major or emphasis in early childhood education or child development and at least two years of full-time direct care to children in an agency, or a group residential program, serving children.
(A) At least three semester units, or equivalent quarter units, shall include coursework in administration.
(B) At least nine semester units, or equivalent quarter units, shall include coursework in abused and drug-exposed children.
(3) A bachelor's degree from an accredited or approved college or university with a major or emphasis in early childhood education or child development and at least one year providing full-time direct care to children in an agency, or a group residential program, serving children.
(A) At least three semester units, or equivalent quarter units, shall include coursework in administration.
(B) At least nine semester units, or equivalent quarter units, shall include coursework in abused and drug-exposed children.
(4) A Child Development Site Supervisor Permit issued by the California Commission for Teacher Preparation and Licensing pursuant to California Code of Regulations, Title 5, Sections 80105 through 80116.
(A) At least nine semester units, or equivalent quarter units, shall include coursework in abused and drug-exposed children.
(c) Each facility manager shall complete 15 hours of health and safety training.
(1) The training shall include pediatric cardiopulmonary resuscitation, pediatric first aid, recognition, management, and prevention of infectious diseases, including immunizations, and prevention of childhood injuries.
(A) Training shall be completed through on-the-job training, workshops, or classes.
(B) A home study course does not meet the 15-hour requirement.
(C) The pediatric cardiopulmonary resuscitation and pediatric first aid training shall be current as determined by the expiration date on the card.
(D) Training in health and safety (preventative health practices) is a one-time-only requirement.
(2) The following training shall not substitute for the training specified in Section 84265(c)(1):
(A) Sanitary food handling, child nutrition, emergency preparedness and evacuation, caring for children with special needs, and identification and reporting of signs and symptoms of child abuse.
(3) The training requirements shall be met in courses conducted by the American Red Cross, or in courses conducted by the American Heart Association, or any course approved by the Emergency Medical Services Authority (EMSA), or any course offered or approved by an accredited college or university.
(4) The facility manager shall maintain verification of completed health and safety training in the facility files.
(A) Verification of completion of pediatric cardiopulmonary resuscitation and pediatric first aid training shall be a current, unexpired card issued by the American Red Cross, the American Heart Association or a training program approved by the State Emergency Medical Services Authority (EMSA).
(B) Verification of completion of health and safety training shall be a course completion card issued by a training program approved by the EMSA.
(C) Verification of completion of health and safety (preventive health practices) training taken on or before September 20, 1998, shall be a certificate of completion or certified copies of transcripts that identify the number of hours and the specific course or courses.
(D) If health and safety training is taken at an accredited college or university, on or after September 21, 1998, verification shall be a certificate of course completion, course completion cards, or certified copies of transcripts that identify the number of hours and specified course(s) taken.
(5) Facility managers employed before the effective date of these regulations shall complete the training within 90 days of the effective date of this regulation.
(d) The houseparent shall have one of the following education and experience qualifications:
(1) Completion of 12 postsecondary semester units, or equivalent quarter units, with a passing grade, in early childhood education or child development at an accredited or approved college or university and 6 months of work experience in a licensed group home, licensed infant care center, or comparable group child care program.
(A) At least three semester units, or equivalent quarter units, shall include coursework in the care of infants.
(B) At least three semester units, or equivalent quarter units, shall include coursework in abused and drug-exposed children.
(C) The written verification of experience shall include statements that the individual worked satisfactorily for at least 3 hours per day for 50 days in a 6-month period, as a paid or volunteer staff member, and that a person who would qualify as a houseparent under these regulations supervised the experience.
(2) A current and valid Child Development Associate (CDA) credential, with the appropriate age level endorsement issued by the CDA National Credentialing Program, and at least six months of on-the-job training and/or work experience in a licensed child care center or comparable group child care program.
(A) The houseparent shall provide verification of the work experience, as specified in Section 84265(d)(1)(C) above, from the National Credentialing Program, 1718 Connecticut Avenue, Northwest, Suite 500, Washington, D.C. 20009, (1-800-424-4310).
(B) At least three semester units, or equivalent quarter units, shall include coursework in abused and drug-exposed children.
(3) A current and valid Child Development Associate Teacher Permit issued by the California Commission on Teacher Credentialing pursuant to California Code of Regulations, Title 5, Sections 80105 through 80116.
(A) At least three semester units, or equivalent quarter units, shall include coursework in abused and drug-exposed children.
(e) The child care worker in a minor parent program shall meet the education and experience qualifications specified at Section 84265(d), except for the following:
(1) The specific courses and work experience shall include infant care, child development or early childhood education, adolescent development, parenting skills, and other courses appropriate to the care and supervision of the client population of pregnant minors and their children.
(f) Facility managers, houseparents employed before September 24, 1998, and child care workers in a minor parent program employed before the effective date of these regulations for a minor parent program, who do not meet the requirements of Sections 84265(b), (d), and (e) respectively, shall remain qualified, provided they maintain continuous enrollment in an accredited college or university, and complete, with a passing grade, at least three semester units, or equivalent quarter units, each semester or quarter until the appropriate educational requirement is met.
(g) Houseparents, and child care workers in a minor parent program, shall have a current and valid certificate verifying successful completion of pediatric first aid and pediatric cardiopulmonary resuscitation issued by the American Red Cross, the American Heart Association, a training program approved by the State Emergency Medical Service Authority, or effective September 21, 1998, from an accredited college or university.
(h) The licensee shall employ or contract with a social worker with a master's degree in a behavioral science from an accredited college or university.
(1) The social worker shall carry no more than 12 children's cases. For minor parent programs, the social worker may consider the minor parent and child as one case and shall carry no more than 12 cases.
(i) The licensee shall develop, maintain and implement a written plan for the orientation, continuing education, on-the-job training and development, supervision, and evaluation of all houseparents.
(1) Houseparents shall have a minimum of 24 hours of training and orientation before working with children under 6 years of age.
(A) The training shall include instruction regarding childhood illnesses, symptoms of illnesses, and infection control procedures.
(2) An experienced houseparent shall accompany a new houseparent for a minimum of 20 hours before the new houseparent works alone with children.
(A) The facility manager shall assure that the new houseparent can provide all aspects of appropriate caregiving, before allowing that new houseparent to work alone with children under six years of age.
(3) The written plan shall require houseparent to receive and document a minimum of four clock hours a month of continuing education.
(A) Continuing education shall include completion of courses in the neurological and psychosocial development of children from birth through five; bonding and attachment; language acquisition; basic life support including best methods of toilet training; cultural competency; separation; grieving; discipline and limit setting; the dynamics of trauma and brain damage; compensatory caregiving techniques for children with significant disorders; sexual abuse; interdisciplinary team work; communication enhancement; preventive health practices, and the dynamics of various causes and effects of family function and dysfunction.
(B) Documentation of training shall include the date of training, the location, the title, a brief description of the training, names and signatures of staff attending onsite training, independent third-party verification of offsite training (i.e., official grade slips, transcripts, certificates, signed documentation from an approved or accredited institution or a licensee association), hours of training, name and qualifications of trainer(s), list of materials distributed and used by the trainer, type of training (i.e., in-person, video, onsite, offsite), and the provider-paid costs, such as employee wages and benefits and any travel.
(j) Training for all staff shall address the child's right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and gender expression, mental or physical disability, or HIV status.
(k) Children shall be cared for in family groups, as defined in Section 84201(f)(1).
(1) Each child shall remain in the same family group for the duration of the placement, unless the needs and services plan documents reasons that this is not in the best interests of the child.
(2) Siblings shall be in the same family group, unless the needs and services plan documents reasons that this living arrangement is not in the best interest of each child.
(3) Persons unknown to the children shall not perform any caregiving.
(l) Personnel and consultants subject to occupational licensing shall have a current and active license issued by the appropriate State of California licensing board.
(m) Upon employment, staff shall receive copies of the removal and/or discharge procedures specified in Section 84268.4, the discipline policies and procedures specified in Section 84272.1, and the complaint procedures specified in Section 84072.2.

Cal. Code Regs. Tit. 22, § 84265

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 51, Civil Code; Sections 1530.8, 1531, 1562 and 1596.866, Health and Safety Code; and Sections 11467.1 and 16001.9, Welfare and Institutions Code.

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 51, Civil Code. Sections 1530.8, 1531, 1562 and 1596.866, Health and Safety Code; and Sections 11467.1 and 16001.9, Welfare and Institutions Code.

1. New section filed 9-24-98; operative 9-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 39).
2. Amendment of subsection (a) filed 6-28-99 as an emergency; operative 6-28-99 (Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-27-99 pursuant to section 73, chapter 311, Statutes of 1998 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-28-99 order, including further amendment of subsection (a), transmitted to OAL 12-14-99 and filed 1-26-2000 (Register 2000, No. 4).
4. Amendment filed 11-18-2003; operative 12-18-2003 (Register 2003, No. 47).
5. New subsection (j), subsection relettering and amendment of Note filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
6. Amendment of subsections (a) and (j) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).