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Children`s Residential Care Update September 2004
COMMUNITY CARE LICENSING CHILDREN'S RESIDENTIAL CARE UPDATE
This is our third 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 those in your organization and others interested in children's residential care issues.
NEW COMMUNITY CARE LICENSING FEE STRUCTURE
The Budget Act for 2004-05 included changes to the Community Care Licensing fee structure including the authorization to charge some new fees. Governor Schwarzenegger signed the Health and Human Services budget "trailer" bill on August 16, 2004, which includes the following changes:
- Change of Capacity Fee - $25.00 fee when an existing licensee seeks to either increase or decrease the licensed capacity of the facility;
- Change in Licensing Location Fee - 50% of an established application fee when an existing licensee moves the facility to a new address;
- Change in Corporate status Fee - 50% of an established application fee when a corporate licensee changes who has the authority to select a majority of the board of directors;
- Orientation Fee - A fee will be charged to each person attending one of the Department sponsored orientations. The orientation fee is $25.00 per person for Family Child Care Homes and $50.00 for all other licensing categories (except Foster Family Homes, which continue to have no fee);
- Plan of Correction Monitoring Fee - When any licensee does not implement a plan of correction on or prior to the date specified in the plan, a fee of $200.00 will be charged for the additional visit or follow-up required. This fee will be added to the licensees' annual billing;
- Probation Monitoring Fee - 100% of the annual fee, in addition to the annual fee for that category and capacity for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedures Act. This fee will also be added to the licensees' annual billing;
- Late Fee - A late fee that represents an additional 50% of the established annual fee when the licensee fails to pay the annual licensing fee on or before the due date as indicated by postmark on the payment;
- Administrative Fee - A fee to cover any costs incurred by the Department for processing payments including, but not limited to, returned check charges, charges for credit and debt transactions, and postage due charges. Again, this fee will be added to the licensees' annual billing.
The use of credit and debit transactions for fee payment is being worked on and we hope to implement this in the near future. Enclosed you will find the annual and application fee schedules effective August 16, 2004. If you have any questions, please contact your local licensing office or speak with your assigned Licensing Program Analyst.
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. These regulations will enhance the Department's ability to protect the health and safety of clients/residents in care. The public hearing on the proposed regulations took place on June 16, 2004 in Sacramento. We are currently responding to the public testimony received and evaluating whether any changes need to be made to the regulations. If there are no significant changes to the regulations, we anticipate them being submitted to the Office of Administrative Law in September 2004.
Children's Rights Regulations: These regulations implement Assembly Bill 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, and we have revised the regulations in response to the comments we received. The 15 day renotice period ended on June 21, 2004, with no additional comments. The regulations were approved by the Office of Administrative Law and filed with the Secretary of State on August 16, 2004. These regulations will become effective by October 1, 2004.
HELPFUL HINTS ABOUT THE CAREGIVER BACKGROUND CHECK BUREAU
The Department of Social Services (DSS), Community Care Licensing Division (CCLD), Caregiver Background Check Bureau (CBCB), receives numerous telephone calls from licensees and potential employees regarding Department of Justice (DOJ) Delay Notices and Reject Notices. Additionally, licensees and employees routinely call inquiring about transferring fingerprint clearances and exemptions. The great majority of these calls center around not understanding what a delay or fingerprint reject means, and how to go about transferring clearances and exemptions. To obtain clarification on what these terms mean, what you should do when you receive a delay or reject notice, and how to request a clearance or exemption transfer, please visit the Community Care Licensing website, Caregiver Background Check Bureau . A copy of these pages is enclosed for those people who receive a copy of the Update in the mail. For electronic recipients, please click on the hyperlink for Caregiver Background Check Bureau above.
2004 SOUTHERN CALIFORNIA GROUP HOME CONFERENCE
The second annual Southern California Group Home Conference was held on August 19-20, 2004 at the Westin Hotel in Long Beach, CA. This year's theme was "Fostering Changes: Connections To Make A Difference."
Again, the California Alliance of Child and Family Services co-sponsored this event with the Children's Residential Programs of the Community Care Licensing Division. This conference's attendees included group home administrators and staff from all Southern California counties: Riverside, San Bernardino, Orange, Imperial, San Diego, Los Angeles, San Luis Obispo, Santa Barbara and Ventura counties along with staff from various county departments as well as Licensing staff. General information sessions and various workshop sessions were attended by about 260 participants. Nine (9) continuing education units (CEUs) were also available to the group home administrators and staff.
This year's keynote speaker was Dr. John Hill, Chief of Staff for Los Angeles County Supervisor, Yvonne Brathwaite Burke. Dr. Hill talked about his personal experience in foster care and how he overcame the obstacles in his life. His talk was both informative and inspirational. The conference also presented ample opportunity for care providers, county representatives and licensing staff to network and share general licensing information that affects group homes. The evaluations that we received rated the 2-day conference a wonderful success and the participants want this event to occur annually.
Approximately $15,000.00 was raised from this conference through registration fees and donations. These monies are being distributed to local non-profit organizations that provide direct services to foster care youth in order to assist them with emancipation, school and transitioning into the world beyond foster care.
MANAGEMENT CHANGES IN THE CHILDREN'S RESIDENTIAL PROGRAM
After many years of service to the People and the State of California, two of our managers have retired: Assistant Program Administrator, Andy Ahpo and Los Angeles Metro & Valleys Children's Residential Programs Regional Manager, Joseph Brocato. We wish both Andy and Joe the best and hope they enjoy their retirement!
The Children's Residential Program would also like to welcome Lenora Copeland as the new Regional Manager for the Los Angeles Metro & Valleys Children's Residential Program Regional Office. She started with the Community Care Licensing Division as a Licensing Program Analyst and held that position for four years. In January of 1999, Lenora was promoted to Local Unit Manger (LUM) in the Northern Valleys' Office. After the reorganization, she became a LUM with the Los Angeles Metro and Valley Children's Residential Programs Regional Office. While she has been in the L. A. Metro Office, she has played a key role in keeping the office functioning, particularly when the office was short of supervisory positions. For quite some time, she managed staff in both Culver City and Woodland Hills. Recently, when Joe Brocato retired, she was appointed as the Acting Regional Manager. Lenora brings her professionalism, good judgment and ability to communicate effectively with the public to her new position as Regional Manager. Congratulations Lenora and good luck in your new position!
DON'T LEAVE UNATTENDED CHILDREN IN VEHICLES
Many caring, responsible parents and care providers do not realize the risks involved with leaving children alone in a vehicle. Some mistakenly think it is okay and intentionally leave their children alone in a vehicle while they run a "quick" errand or while they drop off or pick up someone, or because they do not want to disturb a sleeping child. Others unintentionally leave children alone in a vehicle because they are distracted or they forget about the child. The results of leaving children alone in a vehicle can be deadly because of the following factors:
- The temperature inside a vehicle can reach deadly levels in minutes. (Usually due to heat resulting in hyperthermia, but could also happen due to cold weather resulting in hypothermia.);
- Children can set the vehicle in motion;
- Children can be strangled by power windows;
- The child might leave the vehicle to go look for the parent or care provider;
- The child can be abducted from the vehicle or with the vehicle if it is stolen.
Remember the temperature inside a car is hotter than outside temperatures and can climb very rapidly. For example, on a 93-degree day, the inside of a car can reach 125 degrees Fahrenheit in 20 minutes or less. Please be safe and do not leave children unattended in a vehicle; this is particularly important during the hot summer months. Ask yourself if you could remain in the car with the doors locked and windows rolled up and the answer will be NO . "Kids in Cars" is a nonprofit organization that maintains a national database to evaluate the circumstances and consequences of leaving children unattended in or around vehicles. In the last five years they have evaluated 568 fatalities that occurred nationwide. For more information please contact them at (636) 390-8268 or visit their website at www.kidsincars.org . You can also write to them at: Kids In Cars, 918 Glenn Avenue, Washington, MO 63090.
THE WEST NILE VIRUS IN CALIFORNIA
The West Nile Virus (WNV), a disease transmitted to humans by infected mosquitoes, continues to be a very real health threat in California. Licensees are reminded again to drain any standing water to prevent mosquitoes from breeding, and to install or repair screens to prevent mosquitoes from coming indoors. Review the WNV facts with your staff and residents found on the California Department of Health Services' web site at http://www.dhs.ca.gov/ps/dcdc/disb/pdf/LTCFs%20WNV%205-24-04.pdf
RESIDENTIAL CARE STATISTICS
Enclosed are the most recent statistics on licensed Children's Residential facilities and capacities. Further breakouts by category and location are available. Please direct your requests to Jeff Hiratsuka, Chief of the 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, 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,
MARTHA MILLS
Interim Deputy Director
Community Care Licensing Division
Enclosures