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Children`s Residential Care Update March 2005
COMMUNITY CARE LICENSING DIVISION CHILDREN'S RESIDENTIAL CARE UPDATE
This is our first Children's Residential Care Update for 2005. It also marks the twelfth year of our efforts to keep the 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.
PUBLIC HEARING NOTICE LIST
Public comment is an important part of the regulation development process. It provides a forum for the Department to receive feedback from interested parties on proposed new and amended regulations before they are finalized.
All substantive changes to regulations proposed by Community Care Licensing Division (CCLD) are required to go through public hearings. During this process, interested parties may provide oral and/or written comments on the proposed regulations. CCLD must consider this testimony and respond as to whether the proposed regulations will be amended in response to the comments or provide a reason why no changes will be made.
The Department is required to provide public notice 45 days before the hearings are held. Interested parties can subscribe to a public hearing notification list through the California Department of Social Services, Office of Regulation Development (ORD). Subscribers on this list will automatically be notified of any public hearings. Subscriptions to the list can be made by calling ORD at (916) 657-2586 or submitting an email to ord@dss.ca.gov with the following information:
- Your name
- Your phone number
- Your email address
- Whether you want to subscribe or unsubscribe
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 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 that you are currently using, it might be necessary to press your control key to activate the hyperlinks found throughout this document.
Records Removal and Reproduction Regulations: These proposed regulations clarify and delineate the Department's authority to inspect, audit, and copy client or facility records upon demand during normal business hours and to remove them if necessary for copying. They also contain safeguards to prohibit the removal of health-related records (unless duplicate information is available), establish standards for the removal and return of records, and cut across facility categories. The public hearing was held on June 16, 2004, in Sacramento. No substantive changes were made to the regulations as a result of public comment. We anticipate that the regulations will be submitted to the Office of Administrative Law in March 2005 with an effective date of early May 2005.
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, and to not be subjected to discrimination or harassment on the basis of specified protected rights. 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 regulations amend the Personal Rights Section in all Children's Residential Facility categories. The proposed regulations were sent to the ORD on October 15, 2004.
PUBLIC FILE REVIEWS
Each regional office in the CCLD maintains a facility file for each licensed facility. These public files contain licensee information, the facility's plan of operation, and the facility evaluation reports completed by licensing staff. This information may be helpful when trying to locate an appropriate place for a family member or friend. The files are available for public review, upon request, at the regional office that provides services to the county where the facility is located. It is recommended that you make an appointment with the appropriate regional office a few days in advance. This will allow licensing staff to ensure that the facility file is available for you to review. You may also obtain copies of public information in the file. To contact the appropriate local licensing office, click on the following link: Regional Offices
LICENSED FACILITY DIRECTORIES
A statewide directory of most CCLD licensed facilities is now available to the public on our website. Confidential facility types such as Small Family Child Care Homes, Foster Family Homes and Certified Family Homes are not available. You may still obtain directories of licensed facilities from your local licensing regional office. To search for a facility, go to the CCLD home page at http://ccl.dss.cahwnet.gov/ and double click on "Search for a Facility" in the menu on the lower left hand side. Select the type of facility you are searching for, and then narrow your results by county, city, zip code or area code. Then go to "Select a format for your results (On screen, Word, Excel or WordPerfect)" which enables you to choose the way you want to compile the information. Press search and the information will be displayed for you to print.
This information is updated weekly. Please call the local Regional Office for information related to an administrative action taken against a licensed facility. It may take 30-60 days to display the information on this site. If you have any further questions, please contact the Licensing Information System Application Support Desk at (916) 323-6102.
ADMINISTRATOR CERTIFICATION SECTION
The Administrator Certification Section (ACS) is a legislatively mandated program designed to upgrade the knowledge and educational levels of persons currently employed and wishing to become administrators of Residential Care Facilities for the Elderly, Adult Residential Facilities, and Group Homes through a certification process. Administrators are individuals designated by licensees to act on behalf of the licensee in the overall management of their facilities. Licensees and administrators may be the same person. ACS is also legislatively mandated to approve/disapprove all vendors of 35/40 hour initial and continuing education training programs, which includes courses and instructors. If you have any questions about your initial or recertification process, pending courses or receipt of your monies, contact ACS at (916) 324-3755.
TRAINING ACADEMIES FOR FOSTER FAMILY HOME COUNTY LICENSING STAFF
The Statewide Children's Residential Program will be offering a county academy training series for 2005. These training sessions are specifically intended for county staff who license Foster Family Homes. There will be four separate County Academies statewide with the first one to be held in Sacramento during the month of May. Other sessions and dates are still being determined. The following is a tentative list:
| Month | County | Date and Physical Location |
|---|---|---|
| May | Sacramento | To be announced (TBA) |
| July | Monterey | TBA |
| September | San Diego | TBA |
| Month | Bay Area | TBA |
County staff should contact their Foster Care Liaison for specific dates and times. For additional information, you may contact Angela Bonner, Statewide Foster Care Manager, at (310) 665-1964.
DEPARTMENT OF LABOR FACT SHEET # 22 & NEW WEBSITE ADDRESS
The United States Department of Labor, Wage and Hour Division (WHD) is responsible for the administration of the Fair Labor Standards Act in the area of wages and compensation. Please note that WHD also has a new website address: www.wagehour.dol.gov . In a joint effort with WHD, each of our updates features one in a series of fact sheets providing general information on various topics. Please review "Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA)" at: www.dol.gov/esa/regs/compliance/whd/printpage.asp?REF=whdfs22.htm . " Additional information can be obtained from the Department of Labor by calling their toll-free information service number (866) 889-5627.
INFLUENZA AND ACUTE VIRAL GASTROENTERITIS ("STOMACH FLU")
With the flu season still upon us, licensees are reminded that outbreaks of influenza or acute viral gastroenteritis ("stomach flu") are a particularly serious problem in residential care facilities where residents are at high risk of developing serious complications or dying due to their age and/or health problems. A virus can spread rapidly in a residential care facility and result in hospitalizations and deaths. Licensees should contact their local health department immediately if they suspect an outbreak of influenza or the stomach flu in their facility.
For more information on influenza , please see the annual guideline "Prevention, Detection, and Control of Influenza in California Long-Term Care Facilities," which is available on the website for the California Department of Health Services (CDHS), Division of Communicable Disease Control at www.dhs.ca.gov/ps/dcdc/disb/disbindex.htm under Disease Investigations Section. The toll-free number for the CDHS Flu Vaccine Information Line is (866) 470-3788.
In addition, CDHS has developed guidelines for controlling outbreaks of acute viral gastroenteritis . These guidelines have been adapted for use by licensed residential community care facilities and can be viewed at http://ccld.ca.gov/res/pdf/StomachFlu.pdf . Licensees are encouraged to follow these guidelines, which are considered "best practices," to the extent possible. For a more detailed version of the guidelines, please see the report "Control of Viral Gastroenteritis Outbreaks in California Long Term Care Facilities," at www.dhs.ca.gov/ps/dcdc/disb/disbindex.htm under Disease Investigations Section.
SUMMARY
If you have questions about items included in this Update or suggestions for future topics, please contact Barbara Rooney, Acting 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