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Children`s Residential Care Update March 2004
COMMUNITY CARE LICENSING CHILDREN'S RESIDENTIAL CARE UPDATE
This is our first Children's Residential Care Update for 2004. It also marks the eleventh 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.
UPDATE ON GOVERNOR SCHWARZENEGGER'S EXECUTIVE ORDER
As you may be aware, Executive Order (EO) S-2-03, in part, provided for a freeze and reassessment of regulatory actions pending on November 17, 2003. The Governor's Office issued a subsequent memo dated December 8, 2003, which provided additional information and guidance on the effect of the EO. Specifically, the December 8, 2003 memo states, "The Order…does not apply to new regulatory actions commenced subsequent to November 17, 2003. New regulatory actions are those noticed for the first time under Government Code 11346.4 after November 17, 2003, or emergency regulations adopted for the first time by the agency after November 17, 2003." The Department was able to receive approval to move forward with the regulatory packages already in process.
REGULATION PACKAGES
The following regulation packages for children's residential 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 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. Responses to the public testimony and revision to the regulations have been submitted to the Office of Regulations Development. Regulations are pending the Office of Administrative Law review and approval. 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 became effective on December 18, 2003. 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 also 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, and we are currently revising the regulations in response to the comments we received. The foster youth rights poster has been completed and is available on their website at: www.cdss.ca.gov/forms/english/PUB396.pdf . There is also 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.
NORTHERN CALIFORNIA GROUP HOME CONFERENCE A BIG SUCCESS
The 2004 Northern California Group Home Conference was held on January 21-22, 2004, at the Hilton Hotel in Concord, CA. It was co-sponsored by the California Alliance of Child and Family Services and Community Care Licensing Division. There were over 200 participants in attendance. This year's conference theme was "Our Children, Our Future."
The conference provided attendees the opportunity to be updated on current legislation. It also allowed for them to be addressed by many presenters and speakers on issues relevant to foster care and to ask questions in an open-forum manner. This was the first group home conference held in Northern California and was rated a success based on the feedback from evaluations by those who attended. The conference also served to remind us how important it is to have opportunities for direct communication and information sharing between the Community Care Licensing Division and Group Home representatives outside of regular business interaction.
The cost of the conference was borne entirely by conference fees paid by participating care providers. Final proceeds from the conference will be donated to three non-profit organizations that provide assistance to emancipating foster youth. The donations were presented by the Statewide Children's Residential Programs Administrator, Colleen Anderson, during a luncheon ceremony.
RESIDENTIAL CARE FACILITIES UNDER THE FAIR LABOR STANDARDS ACT -
U.S. DEPARTMENT OF LABOR FACT SHEET #44
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 Visits to Employers. This Fact Sheet provides general information about the laws enforced by the Wage and Hour Division. 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 #44 at the following address: www.dol.gov/esa/regs/compliance/whd/whdfs44.htm for those requirements, please contact the Department of Industrial Relations at www.dir.ca.gov or call (800) 963-9424 for employer consultation services.
CRIMINAL BACKGROUND CHECK PROCEDURES
There have been questions raised recently regarding responsibilities for licensees when they choose not to request an exemption on behalf of a prospective employee. Licensees are reminded that if they elect not to request a criminal record exemption for an employee/prospective employee, they must provide him/her with the Individual Exemption Request Letter. The individual then has the right to proceed with an exemption request on their own behalf.
When an employee/prospective employee has a criminal record, the Community Care Licensing Division Caregiver Background Check Bureau sends two letters. The first letter is addressed to the licensee and asks if the licensee wants to request an exemption on behalf of the individual. The second letter (Individual Exemption Request) is sent to the employee/prospective employee in care of the facility address. If the licensee chooses to request an exemption on behalf of the individual, they are to check the yes box on page two of the Exemption Needed Letter, sign and send the information to begin the exemption request process. If the licensee does not want to request an exemption on behalf of the individual, they are to check the no box, sign and return the second page of the letter. In that situation, the individual is disassociated from the facility and cannot be present in a licensed facility. If they seek an exemption for themselves and are approved for an exemption, the exemption may be transferred to any licensee who wishes to hire them. (Note: Foster Family Agency Certified Home foster parents are not eligible to apply for an Individual Exemption).
TRANSFER OF CRIMINAL RECORD EXEMPTIONS
Some licensees are requiring individuals who have already obtained a criminal record exemption to go through the fingerprint process again. Doing so is unnecessary, expensive and will significantly delay the exemption transfer. Prior to allowing individuals who have a current exemption to work in their facility, the exemption must be transferred by completing the Criminal Record Exemption Transfer Form (LIC 9188) and sending the completed form to their Community Care Licensing Division Regional Office. The Regional Office will forward the LIC 9188 to the Caregiver Background Check Bureau for processing. This form is available on-line at: www.dss.cahwnet.gov/forms/english/LIC9188.PDF
NEW FACILITY SEARCH FEATURE ON THE CCLD WEBSITE
The Community Care Licensing Division website has changed. Now someone can order a statewide list for any category. This was not possible previously. People can still also sort by city, county or zip code.
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,
Origninal Signed by Dave Dodds
DAVE DODDS
Deputy Director
Community Care Licensing Division
Enclosures