Cal. Code Regs. tit. 22 § 86187

Current through Register 2024 Notice Reg. No. 21, May 24, 2024

Section 86187 - [Operative until 7/1/2024] Buildings and Grounds

(a) The licensee shall ensure the THPP participant living unit meets, at a minimum, the following requirements:

(1) No more than two THPP participants shall share a bedroom.

(2) THPP participants of different sexes shall not share a bedroom unless:

(A) A minor parent may share a bedroom with their child of a different sex.

(B) A licensee is permitting a THPP participant to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents.

(3) No area commonly used for other purposes shall be used as a bedroom.

(A) Such areas include but are not limited to halls, stairways, unfinished attics or basements, garages, storage areas or sheds, or similar detached buildings.

(4) No bedroom shall be used as a public or general passageway to another room.

(b) A THPP participant may share a bedroom with his or her own child(ren), regardless of the ages of the participant and his or her own child(ren).

(1) THPP participants shall not share a bedroom with an adult who is not a THPP participant unless the adult is a THP-Plus participant.

(2) The licensing agency may approve an exception when all of the following conditions are met:

(A) Two minor THPP participants have been sharing a bedroom and one of the participants turns 18 years of age;

(B) One of the participants otherwise meets all of the requirements of Welfare and Institutions Code Section 11403;

(C) Both are participants;

(D) The participants remain compatible.

(3) Subsections 86187(a)(1) through 86187(b)(4) apply to all bedrooms used by all persons residing in the THPP, including the participants in placement and their own children, and the THPP employees.

(4) THPP employees shall not share a bedroom with THPP participants.

(c) When a THPP participant has a disability, the licensee shall make necessary specific provisions, including but not limited to, alterations to the building and grounds as required to protect and to assist the participant and maximize the participant's potential for self sufficiency.

(d) Firearms and other weapons shall not be stored in the THPP participant living units.

(e) Disinfectants, cleaning solutions, poisons and other items that could pose a danger when accessible shall be stored where inaccessible when the following conditions exist:

(1) The child(ren) of a THPP participant resides in the THPP participant living unit; or,

(2) When required by a participant's needs and services plan.

(f) The licensee shall prohibit smoking in the facility and on the grounds of the facility.

(g) Each approved housing model shall have one or more carbon monoxide detectors that meets the standards established in Health and Safety Code Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.

(h) In every situation where children share a bedroom, the licensee shall document that the bedroom sharing arrangement ensures the health and safety of each child and that the children are compatible. When considering compatibility a licensee shall consult with children in their care, in an age and developmentally appropriate manner, regarding the child's sexual orientation and gender identity and what information the child wishes to disclose and to whom. A licensee shall not disclose information about the child's sexual orientation and/or gender identity against the child's wishes, unless compelled to do so by law or court order. This documentation shall be maintained in the child's record.

Cal. Code Regs. Tit. 22, § 86187

1. Change without regulatory effect renumbering and amending former section 86087 to new section 86187 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.

Note: Authority cited: Sections 1502.8, 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1503.2, 1531, 1559.110, 13260, 13261, 13262 and 13263, Health and Safety Code; Section 16522.1, Welfare and Institutions Code; and "The Health Consequences of Involuntary Exposure to Tobacco Smoke": A Report of the Surgeon General (2006).