Cal. Code Regs. Tit. 22, § 84165 - [Operative until 7/1/2024] Personnel Requirements
(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, 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.
Notes
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).
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.
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
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