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Children`s Residential Care Update December 2003
COMMUNITY CARE LICENSING CHILDREN'S RESIDENTIAL CARE UPDATE
This is our final Children's Residential Care Update for 2003. It also marks the tenth year of our efforts to keep 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 those in your organization and others interested in children's residential care issues.
GOVERNOR SCHWARZENEGGER ISSUES EXECUTIVE ORDER
Executive Order S-2-03 directs State Departments to cease processing any proposed regulatory action, including emergency regulations, for a period not to exceed 180 days. In addition, within 180 days each program is directed to review all regulations enacted since January 6, 1999, and must address the impact and authority of the adopted, amended or repealed regulations on California businesses. To view the executive order in more detail, visit the governor's website: www.gov.ca.gov
REGULATIONS FOR INFORMATION ONLY
The following regulation packages are currently on hold for children's residential facilities. The status of each package is provided for information only. We will report in future updates the status of these packages once we receive additional information or the executive order is lifted. If you have questions about any of the proposed regulations, please contact John Robusto, Manager of the Children's Residential Policy Unit at (916) 322-5502. For copies of the proposed regulations or more information about hearing schedules, contact the Department's Office of Regulations Development at (916) 657-2586 or visits 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.
Transitional Housing Placement Program Regulations
The Transitional Housing Placement Program (THPP) regulations were presented at public hearing on November 12, 2003. Although the THPP regulations must be adopted before April 24, 2004, they are emergency regulations and therefore are now applicable to THPPs. Once adopted, these regulations will ensure that THPPs and licensing agencies continue to provide, the oversight needed for those youth in the program that are striving to obtain independence.
Minor Parent Program Regulations
New regulations for Minor Parent Programs within Group Homes were filed with the Secretary of State on November 18, 2003. Further action on these regulations is pending clarifications on the Executive Order. These regulations were developed to assist providers in helping youth whose children reside with them in placement to become effective and self-reliant parents. The new regulations will allow a relaxed staffing ratio at bedtime when the youthful parents are providing the care and preparing their infants for sleep.
Children's Rights Regulations
These regulations implement AB 899 (Chapter 683, Statues of 2001) and clarify in greater detail the twenty one specific personal rights of all children in licensed out-of-home care. The regulations require social workers and facilities providing social services to foster children, to provide them with information regarding those rights. The public hearing occurred on September 17, 2003.
NORTHERN CALIFORNIA FOSTER FAMILY AGENCY CONFERENCE A BIG SUCCESS
The 2003 Northern California Foster Family Agency (FFA) Conference was held on November 6-7, 2003, at the Holiday Inn NorthEast in Sacramento. It was co-sponsored by the California Alliance of Child and Family Services and Community Care Licensing. There were over 220 participants in attendance. This year's conference theme was "New Directions in Foster Care."
The conference provided updates on current legislation, issues relevant to foster care, and the opportunity to ask questions in an open-forum manner. The conference was rated a success based on feedback received from the evaluations. It also reminds us how important it is to have opportunities for direct communication and information sharing between CCLD and FFA representatives outside of regular business interaction. Proceeds from the conference were used to award 12 emancipating foster youth each with a $500.00 educational scholarship. The scholarships were presented by the Statewide Children's Residential Programs Administrator, Colleen Anderson, and Carroll Shroeder, Executive Director of the Alliance, during a luncheon ceremony. Be sure to join us next year for this annual event!
FIRST ANNUAL NORTHERN CALIFORNIA GROUP HOME CONFERENCE IS COMING
The first annual Northern California Group Home Conference will take place on January 21-22, 2004, at the Hilton Hotel in Concord, CA. The California Alliance of Child and Family Services and Community Care Licensing will be co-sponsoring this conference. The theme of this conference is "Our Children, Our Future" and will focus on emancipation. There will be opportunities for care providers and licensing staff to share general licensing information that affect Group Homes. As with the Southern California conference held in February 2003, this conference will be paid for entirely with provider registration fees. In addition, funds raised by this conference will be donated to non-profit organizations that provide services to foster youth including the California Youth Connection. Our goal is to make this an annual event for both our Northern and Southern California Group Home providers. To register or find out more information about this conference, please contact your local licensing office.
RESIDENTIAL CARE FACILITIES UNDER THE FAIR LABOR STANDARDS ACT -
U.S. DEPARTMENT OF LABOR FACT SHEET #33
The United States (U.S.) Department of Labor, Wage and Hour Division is responsible for the administration of the Fair Labor Standards Act (FLSA) in the area of wages and compensation. In a joint effort with the Wage and Hour Division, each of our updates feature one in a series of fact sheets providing general information on various topics. Enclosed is a fact sheet entitled Residential Care Facilities (Group Homes) Under the Fair Labor Standards Act that provides general information on minimum wage, overtime pay and child labor requirements of the FLSA as they apply to residential care facilities. This Fact Sheet is designed to alert employers to certain employment practices that must be followed to ensure compliance with the FLSA. Additional information can be obtained from the Department of Labor website at www.dol.gov or by calling their toll-free information service number, (866) 889-5627. Please review Fact Sheet #33 at the following address: www.dol.gov/esa/regs/compliance/whd/whdfs33.htm . Please note there may be additional State requirements. For information on those requirements, please contact the Department of Industrial Relations at www.dir.ca.gov or call (800) 963-9424 for employer consultation services.
STATE HEALTH DEPARTMENT URGES FLU SHOTS
IWith flu season fast approaching, the State Health Director urged individuals who are at risk for flu-related complications, such as pneumonia, to receive a flu shot to safeguard their health during the flu season.
"Thousands of serious illnesses, hospitalizations and deaths can be prevented if at-risk individuals receive a flu shot before the fall and winter flu season begins," said Bontá.
"Winter flu season in California peaks in January and February, and getting the vaccine up through December still offers valuable protection against the flu. The supply of vaccine is plentiful this season."
This winter's anticipated flu strains are A/Panama, A/New Caledonia and B/Hong Kong. The Department recommends that the following individuals get vaccinated:
- Individuals age 50 and older.
- Adults and children with chronic medical conditions, such as heart disease, lung disease, asthma, diabetes, kidney problems or blood disorders.
- Those whose immune systems are compromised by illness or by medical treatment such as chemotherapy.
- Children and adolescents age 6 months to 18 years who receive long-term aspirin therapy.
- Women who will be in the second or third trimester of pregnancy during the winter flu season.
- Healthcare workers and caregivers who come in close contact with individuals at high risk for flu complications.
In addition, because young, otherwise-healthy children are at increased risk for influenza-related hospitalization, flu shots for healthy children age 6 to 23 months are encouraged.
Every year, more than 114,000 people in the United States are hospitalized and approximately 36,000 people die because of the flu or pneumonia. Influenza, also called the flu, is a respiratory infection caused by a virus. The flu begins with an abrupt onset of fever, muscle aches, sore throat and cough that often make people sick enough to keep them in bed for several days. Individuals with compromised immune systems are more likely than others to become seriously ill from the flu.
The California Department of Health Services, through California's local health departments, has distributed 523,800 doses of influenza vaccine at low or no cost. "Because the flu vaccine is created from inactive flu viruses, it does not pose any risk of giving recipients symptoms associated with the flu," noted Bontá. "A flu shot is your best protection against the flu."
LICENSED CHILDREN'S RESIDENTIAL CARE STATISTICS
Enclosed are the most recent statistics on licensed children's residential care facilities and capacities . Further breakouts by category and location are available. Please direct your requests to Jeff Hiratsuka, Chief, Central Operations Branch, at (916) 322-4875.
SUMMARY
If you have questions about items included in this Update or suggestions for future topics, please contact Cathleen McCoy or me at (916) 657-2346. 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,
DAVE DODDS
Deputy Director
Community Care Licensing Division
Enclosures