Cal. Code Regs. tit. 22 § 86507

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 86507 - Exemption from Licensure

(a) The provisions of Chapter 7.3 shall not apply to facilities and arrangements specified in Health and Safety Code Section 1505.

(b) The provisions of Chapter 7.3 shall not apply to the following additional situations:

(1) Any care and supervision of persons from only one family by a close friend of the parent, guardian or conservator, provided that such arrangement is not for financial profit and does not exceed 10 hours per week.

(A) Provision of longer hours of care shall not be precluded when provided for brief periods of time for reasons including, but not limited to, family emergencies, vacation, and military leave.

(2) Any home exclusively used by a licensed or exempt Foster Family Agency and issued a certificate of approval by that agency.

(A) Such families shall not be required to obtain a license, but shall comply with all other applicable requirements set forth in this division. The home's compliance with requirements shall be monitored through and assured by the Foster Family Agency. An exclusive-use facility shall mean a nonlicensed residential facility that has been certified by a licensed Foster Family Agency as conforming to the regulations pertaining to the Small Family Home Category. A home that is exclusively used by a licensed Foster Family Agency shall accept children placed by the agency that certified the home.

(3) A home that meets all of the following criteria:

(A) Approved by a licensed adoption agency or the Department for the adoptive placement of a child; and

(B) The child is legally free for adoption; and

(C) The agency or the Department is providing supervision of the placement pending finalization of the adoption.

(4) A home that meets all of the following criteria:

(A) Placement for adoption by a birth parent; and

(B) A petition for adoption has been filed by the prospective adoptive parents, and is pending; and

(C) A final decision on the petition has not been rendered by the court.

(5) Any care and supervision of children by a guardian or relative, including individuals specified in Health and Safety Code Section 1505(k).

Cal. Code Regs. Tit. 22, § 86507

1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is 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. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is 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. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section and NOTE, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).

Note: Authority cited: Section 1530, Health and Safety Code; and Section 17730, Welfare and Institutions Code. Reference: Sections 1503, 1505, 1506, 1508, 1516, 1524, 1530.5, 1531, 1536.1, 1540, 1540.1, 1541 and 1547, Health and Safety Code.

1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is 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. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is 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. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section and Note, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).