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Children`s Residential Care Update December 2004
COMMUNITY CARE LICENSING CHILDREN'S RESIDENTIAL CARE UPDATE
This is our final Children's Residential Care Update for 2004. It also marks the eleventh 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 residential care issues.
GOVERNOR SCHWARZENEGGER APPOINTS NEW CALIFORNIA DEPARTMENT OF SOCIAL SERVICES DIRECTOR
Dennis Boyle is our new Director of the California Department of Social Services (CDSS). Mr. Boyle is a graduate of California Polytechnic University, San Luis Obispo, and earned a certificate in Total Quality Management from the University of California, Riverside. He has more than 30 years of experience in social services. He has served as Director of the Riverside County Department of Public Social Services for the past nine years. In that capacity he oversaw all social service programs for the county's 1.6 million residents with a staff of nearly 3,000 and a budget of approximately $500 million. Governor Schwarzenegger states "Dennis is an individual with not only the experience, but also the compassion necessary to effectively serve the most vulnerable residents of our state." Dennis 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 Dennis to his new position!
NEW DEPUTY DIRECTOR FOR THE COMMUNITY CARE LICENSING DIVISION
"Seasons Greetings! I'm Jo Frederick, recently appointed as the new Deputy Director of the Community Care Licensing Division. My understanding of community care makes me appreciate that almost all Californians at some point in their lives will need the services that you provide. I am pleased to be working with such a dedicated and caring group, one that strives on a daily basis to build capacity, provide adequate resources, and help the Division oversee the care and safety of our most vulnerable friends, neighbors, and loved ones. I thought you might like to know a bit about my background too. I have over 25 years of senior level experience in human services, most recently as the Department's Deputy Director of Legislation, where I regularly worked on matters directly related to community care. I've worked in a variety of other legislative and policy areas as well; in my earlier days in a community based setting and later as Chief or Principal Consultant to Legislative Committees in both the California Senate and Assembly. I look forward to our collaboration in promoting the health, safety, and quality of life of each person in community care."
REGULATION PACKAGES
The following regulation packages for children's residential care facilities are currently in process. 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 more information about hearing schedules, contact the Department's Office of Regulations Development 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.
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. We recently completed our responses to the public testimony, and have determined that no substantive changes need to be made to the regulations. We anticipate that the proposed regulations will be submitted to the Office of Administrative Law in December 2004.
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 harrassment 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 and/or vocational and financial aid information. These regulations amend the personal rights sections in all children's residential facility categories. The regulations were recently sent to the Office of Regulation Development (ORD) for review and have an expected effective date of August 1, 2005.
CDSS WAREHOUSE NO LONGER PROVIDING LICENSING FORMS
CDSS warehouse is no longer providing copies of the licensing forms. Licensees are encouraged to download forms from the Internet at www.ccld.ca.gov. Licensees with no direct access to the Internet can obtain a master copy of the forms from their local licensing office or may choose to access our website via the Internet at public libraries, photocopy stores, local colleges, etc.
CHANGES IN CHILDREN'S RESIDENTIAL PROGRAM MANAGEMENT
Congratulations to Robert Pate (former Regional Manager of the Los Angeles Tri-Coastal Counties Children's Residential Program Regional Office) on his promotion to Assistant Program Administrator of the Children's Residential Program. Robert's new duties include overseeing the statewide Adoption Agency Program along with the Out-of-State Certification Unit. The Children's Residential Program would also like to congratulate Barbara Eaton on her promotion to Assistant Deputy Director of the Children and Family Services Division. Thank you, Barbara, for your support and hard work as Regional Manager of the Northern California Children's Residential Program Office. Good luck in your new position! The Children's Residential Program also welcomes Jean Chen to her new position of Regional Manager for the Los Angeles Tri-Coastal Counties Children's Residential Program Regional Office. Jean has been with Licensing since 1996 when she was an LPA in Orange, CA. In 1999, she was promoted to Licensing Program Supervisor and has been acting Regional Manager for this office since October 2004. Congratulations and good luck to you!
UPCOMING SOUTHERN CALIFORNIA FOSTER FAMILY AGENCY CONFERENCE
The California Alliance of Child and Family Services and Community Care Licensing will once again be co-sponsoring the Southern California Foster Family Agency (FFA) Conference on March 10 & 11, 2005. This year's conference will be at the Marriott located on 3635 Fashion Way in Torrance, 90503. The Marriott's telephone number is (310) 316-3636. Be sure when you call the hotel to mention that you are participating in the FFA conference so you receive the conference attendee rate. This conference will serve as an excellent opportunity for care providers and licensing staff to share information on FFA issues. Monies raised from the conference will provide scholarships to foster care youth. Registration packets will be sent out shortly. To find out more information, please contact your local licensing office.
IMPROVEMENTS TO THE EDUCATIONAL SYSTEM FOR FOSTER CHILDREN
Recent studies have identified significant deficits in the educational outcomes for foster children. These studies have found that 30% of foster children perform below grade level, 50% are held back in school, 46% do not complete high school and less than 3% go on to four year colleges. Assembly Bill (AB) 490, which became effective on January 1, 2004, seeks to remedy some of the problems in the educational system for foster children that contribute to these poor outcomes.
The legislative intent of AB 490 is to ensure that foster children have a meaningful opportunity to meet the academic achievement standards to which all pupils are held, to place them in the least restrictive educational programs that will meet their needs, and to provide them with access to the same academic resources, services and extracurricular and enrichment activities as other students. The key provisions of this bill:
- Require school districts to accept course work completed in most other schools.
- Require consideration of placement in a regular public school before any decision to place a foster child in a juvenile court school.
- Require the designation of an educational liaison for each foster child to facilitate and ensure proper educational placement, enrollment in school and transfer between schools.
- Allow foster children, at the time of their initial placement, to remain at the school they are attending for the duration of the school year.
- Require county placing agencies and schools to promptly identify the need to transfer a foster child between schools, and to transfer the pupil and the pupil's records within 2 business days of the request.
- Expand the access of county placing agencies to a pupil's school records.
The full text of AB 490 can be seen on the Legislative Counsel's website at www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_490&sess=PREV&house=B&author=steinberg.
SAFETY TIPS DURING THE HOLIDAY SEASON
Winter is rapidly approaching and so are the colder temperatures. It is important to maintain a comfortable temperature for residents as required by regulations. The facility shall be heated to a minimum of 68 degrees Fahrenheit. If you have residents who are using portable space heaters, you must ensure they are operated in a safe manner. They should have an automatic shut-off device in the event the heater is tipped over. Also, keep heaters away from clothing, window coverings, bed linens or any other types of flammable material. Remind residents to dress warmly and utilize extra layers of clothing and/or bed coverings when possible. You are also encouraged to visit the United States Fire Administration website and read their fact sheet on holiday fire prevention. The document is entitled Holiday Fire Prevention Fact Sheet. If you have additional fire safety questions, please contact your local fire inspection office. Make this holiday a warm, safe and enjoyable time for everyone!
DEPARTMENT OF HEALTH SERVICES ISSUES INFLUENZA GUIDELINES
Influenza outbreaks occur during the winter months, and as a result, about 2,000 Californians die each year. Influenza is 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. Once the virus enters a residential care facility, it can spread rapidly and result in hospitalizations and deaths. The impact of influenza on long-term care facilities may be made worse this season by the vaccine shortage, although public health agencies are working to provide all high-risk individuals and their contacts vaccine. This makes it particularly important for the California Department of Health Services (CDHS) and local health departments to be immediately notified of outbreaks of respiratory illness in residential facilities. We can provide assistance in: 1) laboratory testing to determine the cause (outbreaks of respiratory illness may be caused by other pathogens); 2) taking measures to control the outbreak; and 3) obtaining influenza antiviral medications or vaccine.
Annual vaccination is the primary method for preventing influenza and its complications. Influenza vaccine is strongly recommended for BOTH residents and workers in residential care facilities. Residential care workers need to be vaccinated to decrease the risk of transmitting infection to others; vaccination also reduces lost work time. Please encourage your staff to get vaccinated against the flu. As vaccine becomes available, both residents of residential care and other chronic-care facilities and workers in those facilities should be vaccinated. FluMist ®, the nasal-spray flu vaccine, is an option for healthy individuals, ages 5 to 49 years of age, and may be used as a substitute for standard flu vaccine for workers in residential care facilities.
The annual guideline "Recommendations for the Prevention, Detection, and Control of Influenza in California Long-Term Care Facilities" is available at the California Department of Health Services, Division of Communicable Disease Control website at www.dhs.ca.gov/ps/dcdc/disb/disbindex.htm under Disease Investigations Section. For additional information please contact the new toll-free CDHS Flu Vaccine Information Line at (866) 470-3788.
NEW SOCIAL SECURITY INCOME/STATE SUPPLEMENTAL PAYMENT RATES
New Social Security Income (SSI)/State Supplemental Payment (SSP) rates, which become effective January 1, 2005, reflect a 2.70% federal cost of living increase to the SSI portion of the benefit. There will be no state cost of living increase until April 1, 2005. The enclosed chart displays the new non-medical out-of-home care rates. If you have questions regarding the new rates, please contact Dawn Devore of the Adult Programs Management Bureau at (916) 229-4588.
DEPARTMENT OF LABOR FACT SHEET # 53
The United State 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, "The Health Care Industry and Hours Worked." 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 #53 at the following address: www.dol.gov/esa/regs/compliance/whd/whdfs53.pdf.
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." 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. Directories can also be obtained from your local licensing office. Please direct your requests to Sarah Fernandes, Central Operations Branch, at (916) 327-2406.
SUMMARY
If you have questions about items included in this Update or suggestions for future topics, please contact Cathleen McCoy, Chief of the Technical Assistance and Policy Branch, or me at the (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,
Original Signed by Jo Frederick JO FREDERICK
Deputy Director
Community Care Licensing Division
Enclosures