Cal. Code Regs. tit. 22 § 89566

Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Section 89566 - Additional Records for Specialized Foster Family Homes
(a) The caregiver shall ensure that the records for the caregiver and any other person as specified in Section 89565.1, Caregiver Requirements for Specialized Foster Family Homes, who provides care to a "child with special health care needs," contain the following:
(1) The caregiver shall have documentation verifying completion of training specified in Section 89565.1, subsection (b), or
(2) Documentation that the caregiver or any other person who provides care to a "child with special health care needs" is exempt from training as specified in Section 89565.1, subsections (b)(1) and (2). Documentation shall include:
(A) A copy of a valid license or certificate including that the caregiver or any other person who provides care to a "child with special health care needs" is a licensed health care professional, and
(B) A written statement that the individualized health care plan team for a "child" has been notified and has determined that the specialized in-home health care training specified in Section 89565.1, subsection (b) is unnecessary. This documentation shall be provided by a member designated by the team.
(b) If the caregiver decides to have additional help to care for a "child with special health care needs," the following information shall be obtained from all additional help and kept in the records for the specialized home:
(1) Full name.
(2) Copy of the Driver's License of any person who will transport a "child."
(3) Date the person started providing additional help in the home.
(4) Home address and phone number.
(5) Past related experience and where this experience was obtained.
(6) Duties.
(7) Date the person last worked, if no longer working in the home.
(c) The caregiver shall keep records of health screenings and tests for tuberculosis required by Section 89465, subsection (b)(1) on file.
(d) The caregiver shall maintain all records at the home and shall make them available to the licensing agency to inspect, audit, and copy upon demand during normal business hours. The licensing agency may remove records from the home if necessary for copying. Removal of records by the licensing agency shall be subject to the following requirements:
(1) Licensing representatives shall not remove any current emergency or health-related information for current caregivers unless the same information is readily available in another document or format.
(2) Prior to removing any children's records from a home, a licensing 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 caregiver.
(3) Licensing representatives shall return the children's records to the caregiver undamaged and in good order within three business days following the date the records were removed.
(e) The caregiver shall retain all records that pertain to persons who provide additional help for at least three years after they no longer work in the home.

Cal. Code Regs. Tit. 22, § 89566

1. Renumbering of former section 87066 to section 89566, 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 87066 to section 89566, 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 subsection (d), new subsections (d)(1)-(3) and amendment of NOTE filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
5. Amendment of section heading and section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).

Note: Authority cited: Section 17730, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Section 17731, Welfare and Institutions Code; and Sections 1501, 1501.1, 1507, 1507.2, 1530.5 and 1531, Health and Safety Code.

1. Renumbering of former section 87066 to section 89566, 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 87066 to section 89566, 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 subsection (d), new subsections (d)(1)-(3) and amendment of Note filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
5. Amendment of section heading and section filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).