Cal. Code Regs. tit. 22 § 88061

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 88061 - Reporting Requirements
(a) Each licensee or applicant shall furnish to the licensing agency reports as required by the Department, including, but not limited to, those specified in this section.
(b) All foster family agency personnel shall report suspected child abuse and neglect to a child protective agency in accordance with Penal Code Sections 11164 et seq.
(c) If any of the following incidents occur in a certified family home or in the foster family agency, the foster family agency shall report it to the Department by the Department's next working day during the normal business hours by telephone or fax:
(1) Any suspected physical or psychological abuse of any child.
(2) Death of any child from any cause.
(3) Any injury to any child that requires treatment by a health care practitioner.
(A) This includes a permanent change in any child from ambulatory to nonambulatory status, if serving this nonambulatory child is inconsistent with the Plan of Operation or if a fire clearance has not been obtained.
(4) Any unusual incident or child absence that threatens the physical or emotional health or safety of any child.
(A) Report suicide threats or attempts regardless of injury or treatment.
(B) Report temporary absences if a personal history or the needs and services plan indicate that the child may be in jeopardy when absent beyond the approved time.
(5) Epidemic outbreaks.
(6) Poisonings.
(7) Catastrophes.
(8) Fires or explosions that occur in or on the premises.
(9) Complaints associated with a certified family home's or foster family agency's compliance with applicable licensing laws and regulations.
(d) Within seven days of the above reported incident, submit to the Department a written report that contains the following:
(1) Name, address, and telephone number of the certified family parent(s) involved.
(2) Child's name, age, sex, and date of admission.
(3) Name, address, and telephone number of the foster family agency or other personnel involved.
(4) Date and nature of the incident.
(5) Whether abuse report was required and filed.
(6) Attending physician's name, findings, and treatment, if any.
(7) Disposition of the case.
(e) If the analysis of the incident reported takes longer than seven working days, send an interim written report to the Department within seven days and follow-up with the final written report within ten days of concluding the analysis.
(f) The foster family agency shall report the following to the Department within ten working days:
(1) A change in the licensee's or applicant's mailing address.
(A) Report the individual's name, old address, new address, and date of the change.
(2) A change in the administrator or chief executive officer.
(A) Include the name, mailing and residence address of the new individual.
(B) Submit the individual's beginning date.
(C) Send verification of the administrator's education, experience, and qualifications.
(g) The foster family agency shall report as follows to the child's authorized representative and placement agency:
(1) Report the following events no later than the next working day:
(A) The items specified in Sections 88061(c)(1) through (8).
(B) The placement or removal of a child in a certified family home or licensed foster family home, under emergency circumstances and without the authorized representative's participation.
(C) A determination that the child must be relocated to another placement facility, because the foster family agency cannot meet the needs of the child.
(2) Report the following within seven days:
(A) The determination that the child must be relocated to another certified family home or licensed foster family home.
(B) Information that the child is not enrolled in or regularly attending school.
(h) The foster family agency shall provide to the Department a log of family homes certified and decertified during the month by the tenth day of the following month.
(1) During the month, the foster family agency shall notify the Department within one business day of determining it necessary to decertify a certified family home due to any of the following actions by the certified family parent.
(A) Violating licensing rules and regulations.
(B) Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C) Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D) Being convicted of a crime while a certified family parent.
(E) Knowingly allowing any child to have illegal drugs or alcohol.
(F) Committing an act of child abuse or neglect or act of violence against another person.
(2) Notify the Department by the most expeditious means, including, but not limited to, telephone, fax, e-mail, or letter.
(i) The foster family agency shall notify the Department before any of the following occurs:
(1) The establishment of a suboffice.
(2) A change in location of the administrative office or any suboffice.
(3) A change in the conditions or limits described on the license.
(4) Any changes in the plan of operation that affect services to children.
(5) A change of licensee, as required by Health and Safety Code Sections 1524 and 1524.1, including the following:
(A) Sale or transfer of the majority of stock.
(B) Separation from a parent company.
(C) Merger with another company.
(j) The foster family agency shall notify the local health officer, as set forth in Title 17, California Code of Regulations, Section 2500, regarding the items specified in Sections 88061(c)(5) through (7) above.
(1) The licensee shall report to the local health officer all outbreaks or suspected outbreaks involving two or more children of any communicable disease listed in Handbook Section 88061(j)(1)(A).
(k) The foster family agency shall report immediately to the local fire authority any fires or explosions in or on the premises of a foster family agency, certified family home, or foster family home used by the foster family agency.
(1) In areas not having organized fire services, the foster family agency shall report to the State Fire Marshal within 24 hours.
(l) The foster family agency shall send, by certified mail, copies of substantiated complaints to the persons designated in each child's placement agreement, as required by Health and Safety Code Section 1538.5(b).

Cal. Code Regs. Tit. 22, § 88061

1. New article 7 and section filed 9-30-93; operative 11-1-93 (Register 93, No. 40).
2. Repealer and new section and amendment of NOTE filed 6-28-99 as an emergency; operative 6-28-99 (Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-27-99 pursuant to section 73, chapter 311, Statutes of 1998 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-28-99 order, including amendment of subsection (j)(1), transmitted to OAL 12-22-99 and filed 2-1-2000 (Register 2000, No. 5).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 11174.1, Penal Code; and Sections 1501, 1524, 1524.1, 1538, 1538.5 and 1550, Health and Safety Code.

1. New article 7 and section filed 9-30-93; operative 11-1-93 (Register 93, No. 40).
2. Repealer and new section and amendment of Note filed 6-28-99 as an emergency; operative 6-28-99 (Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-27-99 pursuant to section 73, chapter 311, Statutes of 1998 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-28-99 order, including amendment of subsection (j)(1), transmitted to OAL 12-22-99 and filed 2-1-2000 (Register 2000, No. 5).