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Children`s Residential Care Update July 2004
This is our second 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.
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/resident 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. We are in the process of reviewing comments received during the public hearing, which was held June 16, 2004 in Sacramento. It is anticipated that these regulations will become effective in December 2004.
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, 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 are now in the process of being filed with the Office of Administrative Law. The foster youth rights poster has been completed and is available on the Foster Care website at: www.cdss.ca.gov/forms/English/PUB396.pdf . The site also includes a "You Have Rights Too" brochure. Both are color ready for your printing needs or you may contact the Foster Care Ombudsman office toll-free telephone number at (877) 846-1602 for a copy of the brochure, poster or information.
2004 SOUTHERN CALIFORNIA GROUP HOME CONFERENCE
The second annual Southern California Group Home Conference will take place August 19 - 20, 2004, at the Westin Hotel in Long Beach, California. This year's theme is "Fostering Changes: Connections to Make a Difference" . The California Alliance of Child and Family Services and Community Care Licensing Division will again be co-hosting this conference. This conference is open to licensed group home providers from Riverside, San Bernardino, Orange, Imperial, San Diego, Los Angeles, San Luis Obispo, Santa Barbara and Ventura counties. The focus of the conference will be for providers and licensing staff to share general licensing information that affects group homes. Monies raised from this conference (through registration fees and donations) will be distributed to non-profit organizations that provide services to youth. To register or find out more information about this conference, please contact your Licensing Program Analyst or your local licensing office. Additional information about this conference is also available on the Community Care Licensing Division website. The telephone number for the Westin Hotel is (562) 436-3000.
REQUIREMENTS WHEN THERE IS A CHANGE OF ADMINISTRATOR
A provider association recently asked for clarification about what licensees need to submit when there is a change of administrator. The reporting requirements section of the Group Homes regulations states the licensee shall notify the Department, in writing, within ten (10) days of the hiring of a new administrator. The notification shall include the following: 1) Name and residence and mailing addresses of the new administrator; 2) Date he/she assumed his/her position; and 3) Description of his/her background and qualifications, including documentation of required education and administrator certification, a photocopy of the documentation is acceptable. In addition to the written notification, the following documentation is required:
- LIC 308 Designation of Administrative Responsibility
- LIC 500 Personnel Report - specifying the administrator's work hours
- LIC 501 Personnel Record
- Copy of the Administrator Certificate (applicable to Group Home)
- A criminal record clearance that is associated to the facility where they will be working. This is required prior to the administrator's employment or presence in the facility. (Licensees can use the LIC 9182 to request a criminal record clearance transfer. Please note that if the administrator has previously been granted a criminal record exemption to work, you must use the LIC 9188 to request a transfer of the criminal record exemption.)
- For corporate licensees, a copy of the board resolution. If not available at the time of the change, the written notification must include the date of the next board meeting and the resolution must be sent to the licensing office after the board adopts the resolution.
A memorandum was distributed to the regional and local unit licensing managers about this process. All offices are expected to be consistent in their practices relating to changes in administrators. Copies of the LIC forms can be found on the CCLD website at www.ccld.ca.gov . If you have any questions, please contact your Licensing Program Analyst or your local licensing office.
RESIDENTIAL CARE FACILITIES UNDER THE FAIR LABOR STANDARDS ACT -
U.S. DEPARTMENT OF LABOR FACT SHEET #23
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 Overtime Pay Requirements of 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 #23 at the following address: www.dol.gov/esa/regs/compliance/whd/whdfs23.htm .
- Ensure the voice of foster children and youth is heard, and act on their behalf.
- Create an avenue for foster children and youth to file complaints regarding their placement, care and services without fear of retribution from those who provide their care and services.
- Act as an independent forum for the investigation and resolution of complaints made by or on behalf of children placed in foster care and make appropriate referrals.
- Provide children and youth with information on their rights when placed in foster care.
- Maintain a toll-free telephone number which foster children and youth may call from anywhere in California to express their concerns and complaints.
FACTS:
- The Foster Care Ombudsman Office established its toll free help line on May 2, 2000.
- The Ombudsman Office has a Northern Regional Office in Sacramento, and a Southern Regional Office in Monterey Park.
- The Ombudsman Office compiles all the complaints received and reports them annually to the Legislature.
- Over half of the staff for the Ombudsman's Office are former foster youth.
- An All County Letter was distributed on August 25, 2000 which informs counties that all county social workers are required by SB 933 to provide foster children with information about the Office and the toll-free number.
- The Office has staff members who speak Spanish and Cantonese.
Their e-mail address is: fosteryouthhelp@dss.ca.gov .
If you wish to file a complaint: go to their complaints page .
DATA COLLECTION FORMS
It is no longer necessary to submit the Foster Family Agency Certified Home Data Collection Form to the Child Welfare Services/Case Management System (CWS/CMS) Project. These forms were once utilized by CWS/CMS for data collection, but are no longer necessary as the Community Care Licensing Division's automated licensing system uploads the newly certified and decertified home data to CWS/CMS on a daily basis. However, it is important to continue to report all newly certified and decertified homes to your local Licensing Office. This ensures the data integrity of the nightly upload to CWS/CMS.
THE WEST NILE VIRUS IN CALIFORNIA
The news media have highlighted the health threats posed by the West Nile virus (WNV). WNV is a disease transmitted to humans by infected mosquitoes. Licensees are reminded to drain any standing water to prevent mosquitoes from breeding, and should install or repair screens to prevent mosquitoes from coming indoors. A WNV guideline for long-term care facilities is on the California Department of Health Services website at www.dhs.ca.gov .
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,
Original Signed by Dave Dodds DAVE DODDS
Deputy Director
Community Care Licensing Division
Enclosures