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Children`s Residential Care Update October 2003

COMMUNITY CARE LICENSING CHILDREN'S RESIDENTIAL CARE UPDATE

This is our third 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.

REGULATIONS UPDATE

The following regulation changes for children's residential care categories are currently in process. If you have questions about any of the proposed changes, please contact Carole Jacobi, Chief of the Policy Development Bureau, at (916) 324-4312. For copies of proposed regulations or more information about hearing schedules, please contact the California Department of Social Services' (CDSS) Office of Regulations Development at (916) 657-2586 or visit their website at: www.dss.cahwnet.gov/ord/default.htm .

Transitional Housing Placement Program Regulations

New Transitional Housing Placement Program (THPP) regulations will be presented at Public Hearing on November 17, 2003. Previously, licensed THPPs were held to a combination of appropriate existing CCLD standards. When these regulations are finalized, the transition to their use by currently-licensed THPPs should be seamless. We will work with any THPP that needs to make adjustments to comply with the new regulations to ensure a smooth transition. THPPs are licensed to assist youth nearing emancipation from foster care with skills for independent daily living by allowing them supervised independent living.

Minor Parent Program Regulations

New regulations for Minor Parent Programs within Group Homes are now accessible online at www.cdss.ca.gov/ord/PG797.htm . 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.

CHANGES TO BACKGROUND CHECK PROCEDURES

Several important changes were made to the background check process, and emergency regulations implementing changes became effective on July 16, 2003. For example:

• Before being allowed in a licensed facility, all individuals who submit their fingerprints on or after July 16, 2003, must have a Department of Justice (DOJ) notice indicating that the individual has no criminal history, or an approved criminal record exemption from this Department. You are required to maintain documentation of the DOJ notice or the exemption in your facility records, and to make them available for review by your licensing analyst.
• When the Department orders that an individual be removed from a facility based on the background check, you are now required to send written confirmation to the licensing agency that the individual has been removed. Forms for this confirmation will be attached to the Department's order for removal. Failure to comply with the order to remove the individual is grounds for license revocation.
• Individuals with either a clearance or an exemption must report any subsequent arrest, conviction, and probation or parole violation to the Department within 48 hours.
• Criteria for reviewing criminal record exemptions are being included in regulations to ensure consistency. Requirements for considering an exemption will include:
  • An exemption request will be denied if an individual fails to disclose or misrepresents his/her criminal history.
  • Exemptions for violent felony convictions will not be granted
  • The number of convictions allowed has been reduced and the time required after the conviction or completion of supervised probation has been increased.

You are encouraged to review the regulations on the CCLD website at: www.ccld.ca.gov . If you have any questions, please contact your local licensing office.

CRIMINAL RECORD CLEARANCE LISTING

Department of Justice (DOJ) clearances can now be viewed on the Community Care Licensing Division's website. To coincide with the new regulations requiring individuals to obtain a DOJ clearance prior to employment or initial presence in a licensed facility, we have added a new feature on our website which allows viewing of DOJ clearances. This site allows licensees to verify their prospective employee's DOJ clearance, thereby allowing them to begin work. The site can be accessed by visiting www.ccld.ca.gov and selecting the first button entitled DOJ Clearance Listing.

Important information about the Site:

• The list will be updated daily.
• An individual's clearance information remains on the list for thirty days.
• It lists DOJ clearances only - but this is all that is required for an individual to start working. It is recommended that Licensees print a copy of the clearance and place it in the employee's file.
• Federal Bureau of Investigation clearances are NOT posted on this site.
• Child Abuse Central Index clearances are NOT posted on this site.
• Fingerprint clearance delays are NOT posted on this site.
• Rejections by DOJ are NOT posted on this site.
• CDSS clearances granted after Department review, are NOT posted on this site.

INCREASED LICENSE FEES FOR CHILDREN'S RESIDENTIAL FACILITIES

Effective July 1, 2003, the passage of Assembly Bill (AB) 1752 increased all license and annual fees by 25%. Increased license fees for Foster Family Homes, Small Family Homes, Group Homes, Community Treatment Facilities, and Transitional Housing Placement Program facilities are as follows:

The initial/annual fee for Foster Family Agencies and Adoption Agencies has been increased to $1,250.

In addition to increased license fees, an annual fee of $80 for Certified Family Homes was established. Although the implementation of increased license fees began with the passage of AB 1752, the fee for Certified Family Homes has not been implemented due to computer program changes that are required to make it occur. Foster Family Agencies will receive further information regarding this additional fee in the near future.

REVISED FINGERPRINT PROCESSING FEES

Assembly Bill 1752 also established that through June 30, 2004, the Department of Social Services will not subsidize Federal Bureau of Investigation and LiveScan fingerprint processing fees for all Community Care Licensing facilities housing six or fewer children. These fees, along with other Department of Justice (DOJ) fees currently charged, will be the responsibility of the individual or licensee. The attached chart indicates applicable fees by facility type.

FIRST ANNUAL NORTHERN CALIFORNIA GROUP HOME CONFERENCE

The California Alliance of Child and Family Services and Community Care Licensing will be co-hosting the first Northern California Group Home Conference in January 2004. The conference will be held in the Bay Area. The target audience for this conference is licensed Group Home providers in Northern California. 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. This conference will be paid for entirely with provider registration fees. In addition, funds raised by this conference will be donated to the California Youth Connection, a non-profit organization that provides services to current and former foster youth. 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.

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 http://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