Cal. Code Regs. Tit. 22, § 84165 - Personnel Requirements

(a) In addition to Section 80065, Section 84065(k) shall apply.

(b) The licensee shall employ administrative, child care, licensed mental health professional, and support staff necessary to perform the assigned duties specified in Sections 84164(f), 84164.1, and 84165.1.

(c) The licensee shall designate at least one facility manager to be present at the facility at all times when children are present.

(1) The facility manager shall meet one of the following minimum requirements prior to employment:

(A) Have two years of full-time experience as a social worker staff person in a group home performing those duties specified in Sections 84165.1(b)(1) through (3).

(B) Have an associate of arts or science degree from an accredited college or university and four years providing full-time direct care to children in an agency serving children or in a group residential program serving children.

(C) Have two years of full-time residential child care experience and completion, with a passing grade, of 18 college semester or equivalent quarter units on behavioral science from an accredited or approved college or university. Nine of those units must be in courses relating to children with behavioral problems which may be the result of abuse, neglect, or emotional trauma. The courses may include, but are not limited to, curriculums in corrections, psychology, social work, or social welfare.

(d) The licensee shall ensure that all child care staff meet one of the following minimum qualifications prior to employment:

(1) Have two years of full-time residential child care experience and an associate of arts or science degree from an accredited or approved college or university, with a major or emphasis in behavioral science. Nine of those units must be in courses relating to children with behavioral problems which may be the result of abuse, neglect, or emotional trauma. The courses may include, but are not limited to, curriculums in corrections, psychology, social work, or social welfare.

(2) Have two years of full-time work experience in a program serving persons with mental disabilities and be currently a licensed psychiatric technician by the Board of Vocational Nurse and Psychiatric Technician Examiners.

(e) Child care staff, employed by the facility prior to the effective date of these regulations, who do not have the required degree or semester units or equivalent quarter units relating to children with behavioral problems as specified in Section 84165(d), shall successfully complete the required units within one year of the effective date of these regulations.

(f) The licensee shall develop, maintain, and implement a written plan for the orientation, continuing education, on-the-job training and development, supervision, and evaluation of all child care staff.

(1) The plan shall require child care staff to receive and document a minimum of 20 hours of continuing education during the first 12 months of employment and during each year thereafter.

(A) Continuing education shall include completion of courses related to the principles and practices of child care, mental health and care of the mentally ill including, but not limited to, workshops, seminars, and academic classes.

(B) Continuing education, training, and classes may be provided at the facility.

(C) Proof of course attendance and completion shall be limited to official grade slips, transcripts, certificates, or signed documentation from a college, adult education department, a bona fide educational institution/organization, or licensee association.

(2) The on-the-job training and development program shall include training in the following areas:

(A) Assaultive behavior management and preventing assaultive behavior training course which shall be approved by the Department of Mental Health. Staff shall complete at least 16 hours of a basic assaultive behavior and prevention training course prior to their participation in the containment, seclusion, and/or restraint of a child. The staff shall also participate in a four-hour semiannual review course.

1. The behavior management training courses shall be pre-approved by the Department of Mental Health.

(B) Recognition of possible side effects of psychotropic medication.

(C) Children's personal rights, 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 and gender expression, mental or physical disability, or HIV status.

(D) Due process rights and procedures for accessing due process and personal rights.

(E) Staff responsibilities.

(F) The facility's emergency and safety procedures including, but not limited to, fire drills and disaster plan procedures.

(G) The facility's policies and procedures concerning when and how to involve law enforcement in response to an incident involving a child residing in the facility.

(g) During orientation or when changes are made which affect job assignments, and upon request to placement agencies, all employees shall be given a copy of the job description and staff assignment information specified in Sections 84066(b)(1) and (2) which is relevant to their duties. All employees shall have access to all other job descriptions.

(h) Upon employment, staff shall receive copies of the discharge policies and procedures specified in Section 84168.5, due process procedures specified in Section 84172(i), complaint procedures specified in Section 84172.2, and the restraint policies specified in Section 84175.2.

Notes

Cal. Code Regs. Tit. 22, § 84165

Note: Authority cited: Sections 1530 and 1530.9, Health and Safety Code. Reference: Section 51, Civil Code; Sections 1501, 1522.4, 1531 and 1562, Health and Safety Code; and Section 16001.9, Welfare and Institutions Code.

Note: Authority cited: Sections 1530 and 1530.9, Health and Safety Code. Reference: Section 51, Civil Code; Sections 1501, 1522.4, 1531 and 1562, Health and Safety Code; and Section 16001.9, Welfare and Institutions Code.

1. New section filed 6-24-98; operative 7-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 26).
2. Amendment of subsection (a) 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 transmitted to OAL 12-14-99 and filed 1-26-2000 (Register 2000, No. 4).
4. Amendment of subsection (f)(2)(C), new subsections (f)(2)(D)-(E), subsection relettering and amendment of Note filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
5. New subsection (f)(2)(G) filed 8-28-2017; operative 10/1/2017 (Register 2017, No. 35).
6. Amendment of subsections (f)(2)(C) and (h) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).