(a) Initial Certification Training Programs
shall be approved by the Department prior to being offered to applicants
seeking administrator certification.
(b) Any vendor applicant seeking approval of
an Initial Certification Training Program shall submit a written request to the
Department's Administrator Certification Section using the Request for Course
Approval form LIC 9140 and Vendor Application/Renewal form LIC 9141. The
request shall be signed by an authorized representative of the vendor applicant
certifying that the information submitted is true and correct, and contain the
following:
(1) Name, type of entity, physical
address, e-mail address and phone number of the vendor applicant requesting
approval and the name of the person in charge of the program.
(2) Subject title, classroom hours, proposed
dates, duration, time, location and proposed instructor of each
component.
(3) Written description
and educational objectives for each subject matter component, hourly topical
outline, teaching method, and description of course and participant evaluation
methods.
(A) The use of videos, videotapes,
video clips, or other visual recordings, are permitted as media teaching aids
in an Initial Certification Training Program but shall not, in themselves,
constitute the Program or any subject matter component
thereof.
(4)
Qualifications of each proposed instructor as specified in Section
84090(i)(7).
(5) Locality(ies) in which the Training
Program will be offered.
(6) A list
and the location(s) of records to be maintained pursuant to Section
84090(i)(5)
below.
(7) A statement of whether
or not the vendor applicant and each proposed instructor held or currently
holds a license, certification or other approval as a professional in a
specified field and the certificate or license number(s).
(8) A statement of whether or not the vendor
applicant and each proposed instructor held or currently holds a State-issued
care facility license or was or is employed by a State-licensed care facility
and the license number.
(9) A
statement of whether or not the vendor applicant and each proposed instructor
was the subject of any legal, administrative, or other action involving
licensure, certification or other approvals as specified in (7) and (8)
above.
(10) A non-refundable
processing fee of one hundred-fifty dollars ($150).
(c) Initial Certification Training Program
approval shall expire two (2) years from the date the Initial Certification
Program vendorship is approved by the Department.
(d) A written request for renewal of the
Initial Certification Training Program shall be submitted to the Department's
Administrator Certification Section using the Request for Course Approval form
LIC 9140 and Vendor Application/Renewal form LIC 9141 and shall contain the
information and processing fee specified in Section
84090(b) above.
(1) A vendor must have a current approved
Group Home Initial Certification Training Program in order to renew its Group
Home Initial Certification Training Program vendorship.
(e) If a request for approval or renewal of
an Initial Certification Training Program is incomplete, the Department shall,
within thirty (30) days of receipt, give written notice to the vendor applicant
that:
(1) The request is deficient,
describing which documents or information are outstanding and/or inadequate,
and informing the vendor applicant that the information must be submitted
within thirty (30) days of the date of notice.
(f) If the vendor applicant does not submit
the requested information within thirty (30) days, the request for approval or
renewal shall be deemed withdrawn provided that the department has not denied
or taken action to deny the request.
(g) Within thirty (30) days of receipt of a
complete request for an approval, the Department shall notify the vendor
applicant in writing whether the request has been approved or denied.
(h) The Group Home Initial Certification
Training Program shall consist of the following components:
(1) A minimum of forty (40) classroom hours,
as defined in Section
84001(c)(4), with
the following uniform Core of Knowledge curriculum:
(A) Six (6) hours of instruction in laws,
regulations, and policies and procedural standards that impact the operations
of the type of facility for which the applicant will be an
administrator.
(B) Four (4) hours
of instruction in business operations.
(C) Four (4) hours of instruction in
management and supervision of staff.
(D) Four (4) hours of instruction in the
psychosocial and educational needs of the facility residents.
(E) Three (3) hours of instruction in the use
of community and support services to meet residents' needs.
(F) Two (2) hours of instruction in the
physical needs of facility residents.
(G) Six (6) hours of instruction in the
administration, storage, prevention of misuse and interaction of medication
used by facility residents.
(H)
Five (5) hours of instruction on admission, retention, and assessment
procedures, and nondiscrimination policies, including the child's right to fair
and equal access to all available services, placement, care, treatment and
benefits, and to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry, national
origin, color, religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(I) Four (4) hours of instruction on
nonviolent, emergency intervention and reporting requirements.
(J) One (1) hour of instruction on existing
laws and procedures regarding the safety of foster youth at school as contained
in the California Student Safety and Violence Prevention Act of 2000.
(K) One (1) hour of instruction in cultural
competency and sensitivity in issues relating to the underserved lesbian, gay,
bisexual, and transgender community.
(2) A standardized exam developed and
administered by the Department.
(A)
Individuals completing an Initial Certification Training Program must pass the
exam with a minimum score of seventy percent (70%).
(B) The exam questions shall reflect the hour
value of the Core of Knowledge areas specified in Section
84090(h)(1)
above.
(i)
Initial Certification Training Program vendors shall:
(1) Offer all forty (40) classroom hours
required for certification in a classroom setting as defined in Section
84001(c)(5).
(A) A minimum of ten (10) hours of
instruction must be provided by an instructor(s) who meets the criteria
specified in Section
84090(i)(7)(D).
(B) Where good faith efforts to employ an
instructor who meets the criteria specified in (A) are unsuccessful, vendors
may apply to the Department's Administrator Certification Section for a waiver
of this requirement.
(2)
Establish a procedure to allow participants to make up any component necessary
to complete the total program hours and content.
(3) Issue certificates of completion to
participants who successfully complete the program.
(A) The certificate of completion shall be
signed by the vendor or its authorized representative and include the approved
vendor's name and vendor number, approved course number, and the date(s),
time(s) and location(s) of program classes.
(4) Submit to the Department upon request a
Roster of Participants (form LIC 9142A or other document which includes the
same information) who completed the program.
(5) Maintain and ensure that records are
available for review by Department representatives. Records shall be maintained
for three (3) years from the date of vendorship approval, course approval, or
course offering, whichever is applicable and most recent. The records shall
include the following information:
(A) Course
schedules, dates, descriptions and course outlines.
(B) A list of instructors and documentation
of qualifications of each, as specified in Section
84090(i)(7).
(C) A Roster of Participants (LIC 9142A or
other document which includes the same information) and documentation of who
completed the program.
(D)
Evaluations by participants of courses and instructors.
(E) Audio-visual recordings of all Initial
Certification Training Programs and program components offered outside of
California.
(6) Upon
request, submit to the Department's Administrator Certification Section a
schedule for at least the next calendar quarter specifying the subject title,
approved course number, classroom hours, proposed dates, time, duration,
location and proposed instructor(s) for each program/component.
(7) Have instructors who have verifiable
knowledge and/or experience in the subject matter and content to be taught and
who meet at least one of the following criteria:
(A) Hold a bachelor's or higher degree from
an accredited institution in a discipline or field related to the subject(s) to
be taught, and have at least two (2) years of experience relevant to the
subject(s) to be taught, or
(B)
Four (4) years of experience relevant to the course to be taught, or
(C) Be a professional, in a field related to
the subject(s) to be taught, with a valid license or certification to practice
in California and at least two (2) years of related field experience,
or
(D) Have at least four (4) years
of experience in California as an administrator of a group home, within the
last six (6) years, with a record of administering the facility(ies) in
substantial compliance, as defined in Section
80001(s)(7), and
have verifiable training in the subject(s) to be taught.
(8) Before adding or replacing an approved
instructor, obtain the Department's approval by submitting a completed Request
to Add or Replace Instructor form LIC 9140A and supporting documentation to the
Department's Administrator Certification Section.
(9) Encourage course instructors to elicit
and respond appropriately to participants' questions.
(10) Develop and provide to each course
participant an end-of-course evaluation requesting feedback on, at minimum,
instructor(s) knowledge of the subject(s), quality of instruction provided,
attainment of learning objectives, and opportunity of participants to ask
questions.
(11) Report any changes
of the information in 84090(b)(1) within thirty (30) days to the Department's
Administrator Certification Section.
(j) Initial Certification Training Program
vendors shall allow Department representatives to monitor and inspect training
programs.
(1) Any duly authorized Department
representative may, upon proper identification and upon stating the purpose of
his/her visit, enter, inspect, and monitor Initial Certification Training
Programs with or without advance notice. Such representatives may also request
information and copies of records in advance of such visits and/or for desk
monitoring.
(2) The vendor shall
ensure that provisions are made for the private interview of any participant or
instructor, and for the examination of any records relating to the
program.
(3) The Department shall
have the authority to inspect, audit, and copy all program records upon demand.
Records may be removed if necessary for copying.
(4) Department representatives shall not
remove any current emergency or health related personnel records unless the
same information is otherwise readily available in another document or format.
Department representatives shall return the records undamaged and in good order
within three business days following the date the records were
removed.
(k) If, as a
result of an investigation or inspection, the Department determines that a
deficiency exists, the Department shall issue a notice of deficiency, unless
the deficiency is minor and corrected immediately, and shall provide the
Initial Certification Training Program Vendor with the notice of deficiency in
person or by registered mail.
(1) The notice
of deficiency shall be in writing and shall include:
(A) A reference to the statute or regulation
upon which the deficiency is premised.
(B) A factual description of the nature of
the deficiency fully stating the manner in which the Initial Certification
Training Program Vendor failed to comply with the specified statute or
regulation.
(C) The amount of
penalty pursuant to Section
84092 which shall be assessed if
the deficiency is not corrected and the date the penalty begins.
(D) The appeal process as specified in
Section
84093.
(2) The Department and the Initial
Certification Training Program Vendor shall develop a plan for correcting each
deficiency which shall be added to the notice of deficiency.
(3) Absent prior Department approval, all
Program deficiencies shall be corrected prior to the next offering of the
Initial Certification Training Program, and all other deficiencies (e.g.,
recordkeeping) shall be corrected within the number of days agreed to in the
corrective action plan.
(l) Initial Certification Training Program
Vendors shall not instruct or "co-locate" more than one program type (Adult
Residential Facility, Group Home, Residential Care Facility for the Elderly) at
one time.
(m) Initial Certification
Training Program Vendors and their instructors who are also seeking
administrator certification shall not be permitted to receive credit for
attending the vendor's own Initial Certification Training Program.
Notes
Cal. Code
Regs. Tit. 22, §
84090
1. New
article 9 (sections 84090-84091.4) and section filed 9-22-99 as an emergency;
operative 9-22-99 (Register 99, No. 39). A Certificate of Compliance must be
transmitted to OAL by 3-20-2000 or emergency language will be repealed by
operation of law on the following day.
2. New article 9 (sections
84090-84091.4) and section refiled 3-9-2000 as an emergency; operative
3-22-2000 (Register 2000, No. 10). A Certificate of Compliance must be
transmitted to OAL by 9-18-2000 or emergency language will be repealed by
operation of law on the following day.
3. Certificate of Compliance
as to 3-9-2000 order, including amendment of subsection (i)(6)(C), transmitted
to OAL 4-12-2000 and filed 5-24-2000 (Register 2000, No. 21).
4.
Amendment of subsection (h)(1)(H) and amendment of NOTE filed 7-9-2008;
operative 8-8-2008 (Register 2008, No. 28).
5. Amendment of
subsection (h)(1)(H), new subsection (h)(1)(J) and amendment of NOTE filed
9-3-2010; operative 10-3-2010 (Register 2010, No. 36).
6. Amendment
of section heading, section and NOTE filed 12-30-2015; operative 1-1-2016
pursuant to Government Code section
11343.4(b)(3)
(Register 2016, No. 1).
Note: Authority cited: Sections
1522.41(j)
and
1530,
Health and Safety Code. Reference: Section 1 of Assembly Bill (AB) 458 (Chapter
331, Statutes of 2003); Sections
1501,
1522.08,
1522.41
and
1531,
Health and Safety Code; Section
16001.9,
Welfare and Institutions Code; and Article 3.6 (commencing with Section
32228) of
Chapter 2 of Part 19 of Division 1 of Title 1 of the Education
Code.
1. New article 9
(sections 84090-84091.4) and section filed 9-22-99 as an emergency; operative
9-22-99 (Register 99, No. 39). A Certificate of Compliance must be transmitted
to OAL by 3-20-2000 or emergency language will be repealed by operation of law
on the following day.
2. New article 9 (sections 84090-84091.4) and
section refiled 3-9-2000 as an emergency; operative 3-22-2000 (Register 2000,
No. 10). A Certificate of Compliance must be transmitted to OAL by 9-18-2000 or
emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 3-9-2000 order, including
amendment of subsection (i)(6)(C), transmitted to OAL 4-12-2000 and filed
5-24-2000 (Register 2000, No. 21).
4. Amendment of subsection
(h)(1)(H) and amendment of Note filed 7-9-2008; operative 8-8-2008 (Register
2008, No. 28).
5. Amendment of subsection (h)(1)(H), new subsection
(h)(1)(J) and amendment of Note filed 9-3-2010; operative 10-3-2010 (Register
2010, No. 36).
6. Amendment of section heading, section and Note
filed 12-30-2015; operative 1/1/2016 pursuant to Government Code section
11343.4(b)(3)
(Register
2016, No. 1).