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Children`s Residential Care Update January 2006
COMMUNITY CARE LICENSING DIVISION CHIDREN'S RESIDENTIAL CARE UPDATE
Happy New Year! This is our first Children's Residential Care Update for 2006. It also marks the beginning of our thirteenth year keeping the children's residential care community informed about licensing programs and services. The Updates continue to be an important method for sharing information. We appreciate your support in sharing these Updates with members in your organization and others interested in children's issues.
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES DIRECTOR RETIRES
Director Dennis J. Boyle retired from the California Department of Social Services (CDSS) and public service all together at the end of November. In his memo announcing his retirement, he stated "It is with very mixed emotion that I tell you that I have decided to retire from public service at the end of November and rejoin my wife, my bird, and my cat at home." He went on to say that CDSS employees should be proud of their service to California and to the nation. Dennis' more than 30 years of experience in social services will be missed. Please join us in wishing Dennis well in his retirement and future endeavors.
CLIFF ALLENBY INTERIM DIRECTOR
With the retirement of Dennis, Cliff Allenby was appointed the Interim Director for CDSS. Cliff, who is a graduate of California State University, Humboldt, officially became the Director of CDSS on January 2, 2006. Cliff is a veteran of State service. Cliff was appointed to his current position, Director of Developmental Services by Governor Gray Davis in November 1997. Previous appointments include: Interim Director for the Department of General Services; Chief Legislative Representative for Los Angeles County; Secretary of the (then) Health and Welfare Agency. Cliff shares the Governor's commitment to protecting California's children, strengthening our families and encouraging every individual to become independent. Please join us in welcoming Cliff to his new position!
REGULATION PACKAGES
The following regulation packages for children's residential care facilities are currently in process or completed. If you have questions about any of the proposed regulations, please contact our Policy Development Bureau at (916) 324-4312. For copies of the proposed regulations or for more information about hearing schedules, contact the Office of Regulation Development (ORD) at (916) 657-2586 or visit their website at www.dss.cahwnet.gov/ord/default.htm . Please note that depending on the version of software you are currently using, it might be necessary to press your control key to activate the hyperlinks found throughout this document.
Foster Youth Personal Rights Regulations: These proposed regulations implement Assembly Bill (AB) 458, Chapter 331, Statutes of 2003 and Senate Bill (SB) 1639, Chapter 668, Statutes of 2004, by granting children in foster care additional personal rights. AB 458 codifies specific anti-discrimination protections and allows foster children the right to have fair and equal access to all available services, placement, care, treatment and benefits without being subjected to discrimination or harassment. Additionally, SB 1639 allows foster children, who are 16 years of age or older, the right to have access to postsecondary educational, vocational and financial aid information. These proposed regulations amend the Personal Rights in all children's residential care facilities. The proposed regulations were sent to ORD on October 15, 2004. The public hearing was held on August 17, 2005 and comments were received. The Community Care Licensing Division (CCLD) is currently in the process of formulating a response to these comments.
Crisis Nursery Regulations: These proposed regulations will implement SB 855, Chapter 664, Statutes of 2004, by creating a new facility category called Crisis Nurseries. Crisis Nurseries are defined by statute as facilities providing short-term, 24-hour non-medical residential care and supervision for children under six years of age who are voluntarily placed for up to 30 days by their parents/guardians due to a family crisis or stressful situation. Also, a county child welfare services agency may temporarily place children in these facilities for no more than 14 days. Some unique aspects of Crisis Nurseries are that they:
- can accept voluntary and, on a limited basis, county placed children.
- may count fully trained volunteers in their staff-to-child ratio.
- have a maximum licensed capacity of 14.
- are required to provide a monthly report to CDSS indicating the total number of voluntarily placed children, the number of children placed by a child welfare services agency and length of stay for each child.
- may provide day care services for children less than six years of age at the same site as the Crisis Nursery.
As required by statute, CDSS has developed emergency regulations that establish minimum health and safety standards for children cared for by Crisis Nurseries. The intent of developing, adopting and implementing Crisis Nursery Program Regulations is to provide a safe and supportive environment for children as well as a non-threatening, non-punitive resource for parents who may be experiencing a family crisis or stressful situation. The draft regulations are in the internal review process. A public hearing will be scheduled upon the completion of the internal review process.
NEW FEE STRUCTURE AUTHORIZED
The Budget Act for 2004-2005 authorized changes to the CCLD fee structure. These changes include the authorization to charge new fees. A portion of the CCLD program budget is now funded through the collection of these fees. The new fee authority is contained in Senate Bill 1104, Chapter 229, Statutes of 2004 and affects all facility categories. This legislation required CCLD to increase existing fees and charge new fees for the purpose of financing licensing activities. New fees authorized include: change in location fees; corporate status change fees; capacity change fees; orientation fees; probation monitoring fees; late (annual payment) fees; plan of correction fees; and payment processing (bounced check, credit and debit) fees. All CCLD regulations have been amended to reflect the new fee structure. The regulations became effective June 15, 2005.
If you have questions about the regulations, please contact our Policy Development Bureau at (916) 324-4312. For copies of the regulations, visit the Office of Regulation Development website at www.dss.cahwnet.gov/getinfo/pdf/f020502r.PDF .
NEW SUPPLEMENTAL SECURITY INCOME RATES EFFECTIVE JANUARY 1, 2006
The new Supplemental Security Income (SSI) rate for Non-Medical Out-of-Home Care (NMOHC) became effective January 1, 2006. The new rate reflects a 4.10% federal cost of living increase to the SSI portion of the benefit. There is no cost of living increase to the State Supplementary Payment portion of the benefit. Attached are two charts which display the new non-medical out-of-home care rates effective January 1, 2006 . SSI recipients who live in community care facilities receive the NMOHC rate. SSI recipients in other payment categories, who do not reside in licensed community care facilities, will not receive this rate increase until April 1, 2006. Another set of charts is attached which reflect the rate increases effective April 1, 2006 . There is no increase to the NMOHC SSI rate on April 1, 2006. If you have questions regarding the new rates, please contact Dawn Devore of the Adult Programs Operations Bureau at (916) 229-4588.
COMMUNITY CARE LICENSING DIVISION INFORMATION RELEASES
CCLD recognizes the importance of communicating new information regarding licensing policies and procedures to licensing staff, facility licensees and other interested parties in a timely and efficient manner. Compliance with regulatory requirements is dependent upon everyone involved with licensed facilities being informed about changes in the licensing program. Therefore, CCLD is pleased to announce the introduction of CCLD Information Releases. We currently have three releases on the CCLD website from 2005.
As new policies are developed or existing ones revised, CCLD will produce Information Releases. For ease of reference, each release will be assigned a control number. They will be distributed to CCLD staff and also posted at http://ccl.dss.cahwnet.gov/PG834.htm on the CCLD website for public access.
Keeping current with licensing requirements is an important part of the operation of any licensed facility. Licensees are encouraged to check the links referred to above as well as the main CCLD website at www.ccld.ca.gov on a regular basis for updated information on the licensing program.
If you have any questions or comments regarding CCLD Information Releases, please contact Barbara Rooney, Branch Chief, Technical Assistance and Policy Branch, at 916-324-4312.
CHILDREN'S RESIDENTIAL PROGRAM STAFF CHANGES
Colleen Anderson retired on December 31, 2005 after more than 28 years of State service. Colleen had been with CCLD for 24 years and ended her State service career as Program Administrator for the Children's Residential Program. Prior to leaving, Colleen stated "As I end my tenure as your Program Administrator, I want to say thank you to all whose paths I have crossed, worked with, and supervised; I say thank you for your hard work and dedication. You have made a difference in the lives of children. My work with the Children's Residential Program will be a time that I carry with me forever in my heart and memories." Colleen's experience, dedication and leadership style will be sorely missed. With the retirement of Colleen, Robert Pate is currently the Acting Program Administrator.
CALIFORNIA DEPARTMENT OF HEALTH SERVICES ISSUES 2005-06 INFLUENZA RECOMMENDATIONS
The California Department of Health Services (DHS) has issued its 2005-06 recommendations for controlling outbreaks of influenza (commonly known as "the flu") in California long-term care facilities. About 2,000 Californians die each year from the flu. While most young, healthy people recover completely from the flu within one or two weeks, older people and those with certain chronic illnesses are much more likely to develop serious medical problems or die as a result of contracting the flu. The flu virus can spread rapidly in environments such as licensed residential community care facilities where people live close to each other. Licensees should contact their local health department immediately if they suspect an outbreak of the flu in their facility.
Vaccination is the best way to reduce illness and deaths from the flu. All facility staff and clients/residents of residential community care facilities should be vaccinated against the flu each autumn, beginning in October. In the healthcare field, a new federal rule requires nursing homes serving Medicare and Medi-Cal patients to provide immunizations against the flu and pneumonia to all patients if they want to continue in those programs. While this rule DOES NOT apply to licensed residential community care facilities, it illustrates just how important it is for clients/residents-particularly those who are frail and elderly-to be vaccinated against the flu.
This year, the DHS flu recommendations have been adapted for use by licensed residential community care facilities. This simplified version of the recommendations can be accessed at ww2.cdph.ca.gov/HealthInfo/discond/Pages/Influenza(Flu).aspx . The full text of the DHS flu recommendations, which references nursing homes, can be accessed at the DHS web site at www.dhs.ca.gov/ps/dcdc/disb/disbindex.htm under Disease Investigations Section ("Control of Influenza in Long-Term Healthcare Facilities, 2005-6"). Among other things, the recommendations emphasize common-sense approaches to controlling the spread of the flu, such as practicing "cough etiquette" (e.g., covering the nose or mouth with tissues or a mask when coughing or sneezing) and frequent hand washing. Because flu outbreaks in facilities have the potential to be deadly, licensees are encouraged to implement the adapted version of the flu recommendations to the fullest extent possible.
Finally, licensees are reminded that DHS has also developed guidelines for controlling outbreaks of acute viral gastroenteritis (commonly known as "the stomach flu"). The full text of the DHS stomach flu recommendations can be accessed at the DHS web site at www.dhs.ca.gov/ps/dcdc/disb/pdf/Gastroenteritis%20Outbreaks%20Report.pdf under Disease Investigations Section ("Control of Viral Gastroenteritis Outbreaks in California Long Term Care Facilities").
RESIDENTIAL CARE STATISTICS
All of the statistics for licensed Children's Residential Care facilities are now available online. When you visit the CCLD home page, click on the link on the left side of the page that is titled, " Licensing Overview ". After clicking on "Licensing Overview," click on "Basic Statistics About Licensed Facilities." Then click on the first bullet that says, "Number of State Licensed Facilities, by County." Scroll to the end of the document for the statewide totals. Further breakouts by category and location are still available. Please direct your requests to Sarah Fernandes, Central Operations Branch, at (916) 327-2406. Directories can also be obtained from your local licensing office. Please see the attached list for phone numbers and locations of Children's Residential Care Program offices.
SUMMARY
If you have questions about items included in this Update or suggestions for future topics, please contact Barbara Rooney, Branch Chief of the Technical Assistance and Policy Branch at (916) 324-4312. Also, please visit our website at www.ccld.ca.gov to obtain copies of Updates, office locations, provider letters, regulations, or to learn more about licensing services.
Sincerely,
JO FREDERICK
Deputy Director
Community Care Licensing Division
Enclosures