Cal. Code Regs. tit. 22 § 86064

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 86064 - [Operative 7/1/2024] Administrator Qualifications and Duties
(a) All licensees shall have an administrator who meets one of the following requirements:
(1) Have a Master's Degree in a behavioral science from an accredited graduate school, as defined in Section 94302 of the Education Code, or a graduate program approved by the California Private Post-Secondary and Vocational Education Bureau, plus at least one year of administrative experience or supervisory experience over social work, child care, or support staff providing direct services to children in an agency or in a community care facility with a licensed capacity of six or more.
(2) Have a Master's Degree in a behavioral science from an accredited college or university, as defined in Section 94302 of the Education Code, plus two years of employment as a social worker, in an agency serving children or in a group residential program for children in an agency or in a community care facility with a licensed capacity of six or more.
(3) Have a Bachelor's Degree from an accredited college or university, as defined in Section 94302 of the Education Code, plus at least three years of administrative experience or supervisory experience over social work, child care, or support staff providing direct services to children in an agency or in a community care facility with a licensed capacity of six or more.
(b) In addition to the above education and experience requirements, the administrator shall have the following qualifications:
(1) Attainment of at least 18 years of age.
(2) Knowledge of the requirements for providing the type of care and supervision needed by participants, including ability to communicate with such participants.
(3) Knowledge of and ability to comply with applicable law and regulation.
(4) Ability to maintain or supervise the maintenance of financial and other records.
(5) Ability to direct the work of others, when applicable.
(6) Ability to establish the facility's policy, program and budget.
(7) Ability to recruit, employ, train, and evaluate qualified staff, and to terminate employment of staff, if applicable to the facility.
(c) The administrator shall be responsible for the operation of the THPP.
(1) The administrator shall be present or readily available in the THPP during regular business hours (e.g. 8:00 a.m. to 5:00 p.m.).
(2) When the administrator is absent during regular business hours, from the THPP, there shall be coverage by the administrator's designee. If the designee does not meet the administrator qualifications there shall be immediate access to the administrator or someone who meets the administrator requirements. The administrator's designee shall have:
(A) Knowledge of the THPP operations.
(B) Training in programs provided by the THPP.
(C) Authority to correct deficiencies that constitute immediate threats to the health and safety of children in the THPP.
(d) Additional duties of the administrator shall include:
(1) Appointing and dismissing staff.
(2) Organizing and administering a program of staff development for all staff.
(e) Each licensee shall make provision for continuing operation and carrying out of the administrator's responsibilities during any absence of the administrator.
(f) The administrator may also serve in another personnel capacity, provided they meet the applicable qualifications of both positions.
(g) Any member of the governing board of the licensed corporation or association shall be permitted to be the administrator provided that they meet the qualifications specified in this section.
(h) The administrator shall complete training related to the sexual and reproductive rights of children in foster care that includes the following topics:
(1) Children's right to receive sexual and reproductive health care and information, pursuant to Section 86172(b)(21) and (24).
(2) Children's right to have their sensitive health information kept confidential, pursuant to Sections 86170(d) and 86172(b)(25).
(3) The duties and responsibilities of the assigned social worker and the administrator to ensure that children can obtain sexual and reproductive health services and information.
(4) Guidance about how to engage and talk with children about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, age or developmentally appropriate, trauma-informed, and strengths-based.
(5) Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.

Cal. Code Regs. Tit. 22, § 86064

Note: Authority cited: Sections 1530, 1530.91 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1531 and 1559.115, Health and Safety Code; and Sections 16001.9, 16521.5 and 16522.1, Welfare and Institutions Code.

Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1531 and 1559.115, Health and Safety Code; and Section 16522.1, Welfare and Institutions Code.

1. New section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 ( Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 ( Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order, including amendment of section and Note, transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. Change without regulatory effect amending section filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
5. Amendment of subsections (f)-(g), new subsections (h)-(h)(5) and amendment of NOTE filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).