Cal. Code Regs. tit. 22 § 88070

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 88070 - Children's Case Records
(a) In addition to Section 80070, the following shall apply:
(1) The following information regarding the child shall be obtained and maintained by the foster family agency:
(A) The name, address, and telephone number of the adults with whom the child was living immediately prior to the current placement.
(B) The name, address, and telephone number of the child's parent(s), if known.
(C) The name, address, and telephone number of the placement worker and placement agency.
(D) Educational records, if available, describing the child's present academic level, including his/her grade or performance level, and any previous school-related problems.
(E) Dental and medical history, if available, including immunization records and physician's orders for any medically necessary diet.
(F) The child's court status, if applicable, including a copy of any custody orders and agreements with parent(s) or person(s) having legal custody.
(G) The list of persons who should or should not be allowed to visit and any limitations on visitation.
(H) Medical, psychiatric and psychological reports that identify special needs of the child diagnosed as mentally disordered or developmentally disabled.
(I) Medical and dental insurance coverage information including the placement agency or person responsible for medical and dental costs.
(J) Consent forms, completed by the child's authorized representative(s), to permit the foster family agency, certified parent(s) or foster family home licensee(s) to authorize medical and dental care.
(K) A copy of the child's original, and any modified, needs and services plan.
(L) Signed copies of the foster family agency policies and procedures regarding the termination of the child's placement, discipline, and complaints.
(M) Documentation that vaccinations have been obtained as specified in Section 88069.3, if immunization records are not available prior to placement.
(N) Copy of the foster family agency agreement with authorized representative(s).
(O) Copy of the foster family agency agreement with the certified parents or foster family home licensees.
(2) The following information shall be maintained in the child's record if it is determined that the child is to be removed or discharged from the foster family agency:
(A) Date the child's authorized representative(s) was notified of the necessity for the child's removal or discharge.
(B) The name, address and relationship to the child of the person to whom the child was released.
(C) Reason for the child's removal or discharge.
(3) All information in children's case records shall be confidential and shall be available only to the licensing agency; and to placement agency staff and foster family agency personnel that need access to the information to perform their duties.
(4) All children's case records shall be available to the licensing agency 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:
(A) Licensing representatives shall not remove any current emergency or health-related information for current foster children unless the same information is otherwise readily available in another document or format.
(B) Prior to removing any case records, a licensing representative shall prepare a list of the case records to be removed, sign and date the list upon removal of the case records, and leave a copy of the list with the administrator or designee.
(C) Licensing representatives shall return the case records undamaged and in good order within three business days following the date the case records were removed.

Cal. Code Regs. Tit. 22, § 88070

1. New section filed 9-30-93; operative 11-1-93 (Register 93, No. 40).
2. Amendment of section heading, subsection (a)(1)(M) and NOTE filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
3. Amendment of subsection (a)(3), new subsections (a)-(a)(4)(C) and amendment of NOTE filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1506(b) and 1531, Health and Safety Code.

1. New section filed 9-30-93; operative 11-1-93 (Register 93, No. 40).
2. Amendment of section heading, subsection (a)(1)(M) and Note filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
3. Amendment of subsection (a)(3), new subsections (a)-(a)(4)(C) and amendment of Note filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).