Section 89207 - Exemption from Licensure(a) The provisions of this chapter shall not apply to facilities, homes, and arrangements specified in Health and Safety Code section 1505.(b) The provisions of this chapter shall not apply to any school dormitory or similar facility where all of the following conditions exist:(1) The school is certified or registered by the State Department of Education.(2) The school and the school dormitory are on the same grounds.(3) All children accepted by the school are 6 or over.(4) The program operates only during normal school terms unless the academic program runs year-round.(5) The school's function is educational only.(6) The school program is not designated as providing rehabilitative or treatment services.(7) The school's function does not intend to provide community care services, and the facility does not accept children who are in need of such services, including but not limited to children with developmental disabilities, mental disorders or physical handicaps; juveniles declared dependents of the court under Welfare and Institutions Code section 300; and juveniles declared wards of the court under Welfare and Institutions Code sections 601 and 602.(8) The facility does not receive any public funds designated for care including but not limited to AFDC-FC and SSI/SSP. The facility shall be permitted to receive public funds intended for educational programs.(9) No public or private agency, including but not limited to county welfare departments and probation offices, provides social services to children in the facility.(c) The provisions of this chapter shall not apply to the following situations: (1) Any care and supervision of a person 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) Providing of longer hours of care shall not be precluded when care is provided for brief periods of time for reasons that include, but are not limited to, family emergencies, vacation, and military leave.(2) Any family home that is exclusively used by a licensed or exempt Foster Family Agency and has a certificate of approval from that agency. (A) The home shall not be required to obtain a license, but shall be in compliance with all other requirements in this division. The home's compliance with these requirements shall be monitored through and assured by the Foster Family Agency. For the purposes of this section, an exclusive-use home shall mean a nonlicensed home that has been approved by a licensed Foster Family Agency as conforming to the regulations for the Small Family Home category. A home exclusively used by a licensed Foster Family Agency shall only accept a child placed by the agency which approved 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 home 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 a "child" by a relative, guardian, or conservator. A relative, for purposes of this section, shall include persons as specified in Health and Safety Code section 1505, subsection (k).Cal. Code Regs. Tit. 22, § 89207
1. Renumbering of former section 87007 to section 89207, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87007 to section 89207, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10). Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code; Section 17730, Welfare and Institutions Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1503, 1503.5, 1505, 1506, 1508, 1524, 1530, 1530.5, 1531, 1536.1, 1540.1, 1541 and 1547, Health and Safety Code; Sections 226.2, 226.5 and 226.6, Civil Code; and Sections 319(d), 362, 727, 16100, 17710(i) and 17736, Welfare and Institutions Code.
1. Renumbering of former section 87007 to section 89207, including amendment of section and Note, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87007 to section 89207, including amendment of section and Note, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).