Cal. Code Regs. tit. 22 § 86563

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

Section 86563 - Accountability

(a) The licensee is accountable for the general supervision of the crisis nursery and for the establishment of policies concerning its operation.

(1) The governing body of the crisis nursery shall be active and functioning in order to ensure such accountability.

(b) The board of directors shall be active in ensuring accountability and shall perform at a minimum, the following duties:

(1) Establish and approve policies and procedures governing the operation of the crisis nursery;

(2) Approve and monitor the corporation's operating budget;

(3) Assess and maintain the level of funds necessary to cover the costs of operating the crisis nursery;

(4) Employ an administrator who meets the requirements of Section 86564(d);

(5) Complete a written statement describing the duties delegated to the administrator. Provide a copy of this statement to the administrator and maintain a copy in the crisis nursery's file;

(6) Require that the administrator, or a designee be present at all board of directors meetings during which the operation or the policies of the crisis nursery are discussed;

(7) Conduct board of directors meetings at least on a quarterly basis to review and discuss the crisis nursery's operation, licensing reports, financial and program audit reports of the crisis nursery operation, special incident reports, and any administrative action against the licensee or its employees. Based upon the review, ensure that the crisis nursery complies with all applicable regulations;

(8) Ensure that minutes are kept for all board of directors meetings and retained as a permanent record. The minutes shall reflect the board's discussion of the documents specified in Section 86563(b)(7);

(9) Ensure that all minutes of board of directors meetings are available for review by the Department; and

(10) Submit copies of all corporate documents to the Department at the time documents are submitted to the Secretary of State.

(c) The licensee shall provide each member of the board of directors with the "Facts You Need To Know, Crisis Nursery Board of Directors" (PUB 414) booklet made available by the Department.

(d) The licensee shall require that each member of the board of directors sign and date the form LIC 165 as specified in Section 86518(c). The signed original form shall be maintained in the crisis nursery's administrative office.

(1) A signed form shall be obtained from a prospective member of the board of directors before joining the board of directors.

(2) A permanent license shall not be issued until all members of the board of the directors have signed the form.

(3) Form LIC 165 shall be made available for review by the Department upon request.

Cal. Code Regs. Tit. 22, § 86563

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).

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