Cal. Code Regs. tit. 22 § 86524

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

Section 86524 - Waivers and Exceptions

(a) Unless prior written Department approval is received as specified in Section 86524(d), the licensee shall maintain continuous compliance with the licensing regulations.

(b) The Department shall have the authority to waive or grant an exception to a specific regulation(s) if the request demonstrates how the intent of the regulation(s) will be met and under the following circumstances:

(1) A waiver or exception shall in no instance be detrimental to the health and safety of any child.

(2) The Administrator or Administrator Designee shall submit to the Department a written request for a waiver or exception, together with substantiating evidence supporting the request.

(c) Within 30 days of receipt of a request for a waiver or an exception, except for requests made pursuant to subsection (e), the Department shall notify the crisis nursery, in writing, of one of the following:

(1) The request with substantiating evidence has been received and accepted for consideration.

(2) The request is deficient, needing additional information as described for the request to be acceptable and a time frame for submitting this information.

(A) Failure to submit the requested information within the time specified shall result in denial of the request.

(d) Within 30 days of the Department's acceptance of a completed request for a waiver or an exception, except for requests made pursuant to subsection (e), the Department shall notify the applicant or licensee, in writing, whether the request has been approved or denied.

(1) The licensee shall retain the Department's written approval or denial of the request in the crisis nursery file.

(e) A crisis nursery may request an exception from the Department to allow a child to receive crisis day services at the crisis nursery beyond the limit of 30 calendar days, maximum of 12 hours per day, or a total of 360 hours in a six-month period as specified in Section 86580. The Department, upon receipt of an exception request pursuant to this subsection and supporting documentation as required by the Department, shall respond within five working days to approve or deny the request.

(1) No more than two exceptions, in seven-calendar day or 84 hour increments, may be granted per child in a six-month period.

(2) The licensee shall retain the Department's written approval or denial of the request in the crisis nursery file, as well as in the record of the child for whom the exception was requested, as specified in Section 86570(h).

Cal. Code Regs. Tit. 22, § 86524

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, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. Change without regulatory effect amending subsections (c) and (d) and adding subsections (e)-(e)(1) filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).
7. New subsection (e)(2) filed 2-25-2021; operative 4-1-2021 (Register 2021, No. 9).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1509, 1516 and 1531, Health and Safety Code.