Cal. Code Regs. tit. 22 § 86566

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

Section 86566 - Personnel Records

(a) Personnel records shall be maintained on the licensee, administrator, lead caregiver, caregiver, volunteer caregiver, and any other employee of the crisis nursery and shall contain the following information:

(1) Employee's full name.

(2) Driver's license number if the employee is to transport children.

(3) Date of employment.

(4) Duties of the employee.

(5) A statement signed by the employee/volunteer that he/she is at least 18 years of age.

(6) Home address and phone number.

(7) Documentation of the educational background, training and experience of employees and volunteers.

(8) Past experience, including types of employment and former employers.

(9) A health screening specified in Section 86565(h).

(10) Tuberculosis test documents as specified in Section 86565(h).

(11) For employees required to be fingerprinted pursuant to Section 86519, Criminal Record Clearance:

(A) A signed statement regarding their criminal record history.

(B) Documentation of either a criminal record clearance or exemption.

(b) All personnel records shall be retained for at least three years following termination of employment including the termination date.

(c) All personnel records shall be available to the Department to inspect, audit, and copy upon demand during normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the following requirements:

(1) Department representatives shall not remove any current emergency and health-related information for current personnel unless the same information is otherwise readily available in another document or format.

(2) Prior to removing any records, a Department representative shall prepare a list of the records to be removed, sign and date the list upon removal of the records, and leave a copy of the list with the administrator or designee.

(3) Department representatives shall return the records undamaged and in good order within three business days following the date the records were removed.

(d) In all cases, personnel records shall document the hours actually worked.

(e) All personnel records shall be maintained at the crisis nursery.

(1) The licensee shall be permitted to retain such records in a central administrative location provided that they are readily available to the Department at the crisis nursery.

(f) The licensee shall also ensure the following information is maintained in personnel records:

(1) Complete job descriptions on all positions within the crisis nursery.

(2) A description of all staff assignments, including information regarding lines of authority and staff responsibilities.

(3) A dated employee time schedule developed at least monthly, displayed conveniently for employee reference, and containing the following information for each employee:

(A) Name.

(B) Job title.

(C) Hours of work.

(D) Days off.

(4) A record of each work performance evaluation and any correspondence with the employee.

Cal. Code Regs. Tit. 22, § 86566

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, 1531 and 1562, Health and Safety Code.