Section 89510.1 - Limitations on Capacity for Specialized Foster Family Homes(a) No more than two children with or without special health care needs shall reside even on a temporary basis in a specialized foster family home with the following exceptions.(b) A specialized foster family home shall not care for more than two children with or without special health care needs as provided in Welfare and Institutions Code section 17732. (1) A specialized foster family home may accept a third "child" with or without special health care needs provided that the licensed capacity, as determined by the licensing agency under Section 89228, Capacity Determination, is not exceeded, and all of the following conditions are met: (A) The county social worker, regional center caseworker, or person or agency responsible for placing a third "child" determines that: 1. The county or the regional center service area in which the specialized foster family home is physically located has no other: a. Specialized foster family home, nonspecialized foster family home, small family home, or certified family home available to care for a "child" with or without special health care needs.(B) The county social worker, regional center caseworker, or person or agency responsible for placing each "child" determines that the specialized foster family home can meet their psychological and social needs. 1. New determinations are required each time there is an increase or turnover in children and the two-"child" capacity limit is exceeded.(C) The individualized health care plan team for each "child with special health care needs" in the specialized foster family home determines that placement of a third "child" will not jeopardize their health and safety. 1. New determinations are required each time there is an increase or turnover in children and the two-"child" capacity limit is exceeded.Cal. Code Regs. Tit. 22, § 89510.1
1. New article 5 (sections 89510.1-89587.1) and renumbering of former section 87010.1 to section 89510.1, 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 A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.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. New article 5 (sections 89510.1-89587.1) and renumbering of former section 87010.1 to section 89510.1, 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: Section 17730, Welfare and Institutions Code; Sections 1530 and 1530.5, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 361.2(j)(1)(A), 17710, 17731, 17732 and 17736(b), Welfare and Institutions Code; and Sections 1502(a), 1507, 1507.2, 1507.5, 1530.6 and 1531, Health and Safety Code.
1. New article 5 (sections 89510.1-89587.1) and renumbering of former section 87010.1 to section 89510.1, 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. New article 5 (sections 89510.1-89587.1) and renumbering of former section 87010.1 to section 89510.1, 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).