Cal. Code Regs. Tit. 22, § 89378 - Responsibility for Providing Care and Supervision

(a) The caregiver shall provide care and supervision as necessary to meet the needs of a "child." At a minimum, the caregiver shall provide those services as specified in the written plan identifying the specific needs and services of the "child," placement agreement, and Transitional Independent Living Plan (TILP) if applicable.

(1) The caregiver may arrange for other care and supervision as follows:

(A) Occasional Short-term Babysitter.

1. If the caregiver anticipates being absent from the home for no more than 24 hours at a time, on an occasional basis, the caregiver is permitted to arrange for an occasional short-term babysitter to provide care and supervision to a "child."

2. The caregiver shall apply the reasonable and prudent parent standard specified in Welfare and Institutions Code section 362.04 and Section 89377, Reasonable and Prudent Parent Standard, in determining and selecting appropriate babysitters for occasional short-term use.

3. An occasional short-term babysitter may be under 18 years of age, but shall have the maturity, experience, and ability necessary to provide adequate care and supervision to a "child."

a. A "child" may act as an occasional short-term babysitter, however the caregiver shall apply the reasonable and prudent parent standard as specified in Section 89377, Reasonable and Prudent Parent Standard, to determine whether that is appropriate. Under no circumstances shall a "child" be required to babysit.

4. When a "child" is in the care of an occasional short-term babysitter, the caregiver shall ensure that the babysitter knows how to contact the caregiver in case of an emergency.

(B) Alternative Caregiver.

1. If the caregiver anticipates being absent from the home for longer than 24 hours, on an occasional basis, the caregiver is permitted to arrange for an alternative caregiver to provide care and supervision to a "child" unless prohibited by the social worker, probation officer, court order, or the licensing or approval agency.

2. The caregiver shall apply the reasonable and prudent parent standard specified in Welfare and Institutions Code section 362.04 and Section 89377, Reasonable and Prudent Parent Standard, in determining and selecting appropriate alternative caregivers.

a. At a minimum, the alternative caregiver shall meet the following requirements:

i. Is 18 years of age or older.

ii. Have a criminal record clearance and a child abuse central index clearance as specified in Welfare and Institutions Code section 1522 and Section 89319, Criminal Record Clearance Requirement.

iii. Have the willingness and ability to and shall comply with applicable statutes and regulations.

iv. Have the willingness and ability to provide care and supervision to a "child", taking into consideration the age, maturity, behavioral tendencies, mental and physical health, medications abilities and limitations, developmental level of, and court orders for a "child."

3. The care and supervision during the caregiver's absence shall occur in the caregiver's home.

4. The caregiver shall provide the alternative caregiver with the following information before leaving the home:

a. Information about the emotional, behavioral, medical or physical conditions of a "child," if any.

b. Any medication that should be administered to a "child" during the time the "child" is being supervised by the alternative caregiver, consistent with physician's instructions, when available.

c. The name and telephone number of the social worker for a "child" and the caregiver's emergency contact information.

5. The caregiver shall provide verbal or written notification to the social worker or probation officer for a "child" prior to the caregiver's absence from the home. Notification shall include:

a. The dates the caregiver plans to be absent from the home.

b. The name of the alternative caregiver.

c. An emergency number where the caregiver may be reached in their absence.

6. The caregiver shall receive prior approval from the social worker or probation officer for a "child" for any absence that exceeds 72 hours.

(C) Respite Care.

1. The caregiver may use respite care as defined in Welfare and Institutions Code section 16501, subsection (b) and Division 31 Manual of Policies and Procedures Section 31-002, subsection (r).

a. Respite care shall not exceed 72 hours per session as specified in Welfare and Institutions Code section 16501, subsection (b) and Division 31 Manual of Policies and Procedures Section 31-002, subsection (r).

2. Respite care shall be provided by a licensed, approved or certified caregiver.

(D) Leaving a "child" alone without adult supervision.

1. If the caregiver anticipates being absent from the home on an occasional basis, the caregiver is permitted to leave a "child" alone without adult supervision, but shall not leave a "child" unsupervised overnight.

2. The caregiver shall apply the reasonable and prudent parent standard as set forth in Section 89377, Reasonable and Prudent Parent Standard, to determine the appropriateness of leaving a "child" alone without adult supervision.

a. Before leaving a "child" alone, the caregiver shall ensure the following:

i. A "child" knows where the emergency numbers are posted.

ii. A "child" knows emergency procedures.

iii. A "child" knows where and how to contact the caregiver.

(E) Licensed child care facility as defined in Health and Safety Code section 1596.750.

(F) The participation of a "child" in extracurricular, enrichment, and social activities, as specified in Welfare and Institutions Code section 362.05, provided the caregiver has applied the reasonable and prudent parent standard as set forth in Welfare and Institutions Code section 362.04 and Section 89377, Reasonable and Prudent Parent Standard.

(b) If the caregiver chooses to leave a "child" in a parked vehicle, consistent with the requirements of Vehicle Code section 15620, the caregiver shall apply the reasonable and prudent parent standard as specified in Section 89377, Reasonable and Prudent Parent Standard, to determine the appropriateness of leaving any "child" in a parked vehicle.

(1) If the foster family home has dual licensure as a family child care home, the caregiver shall not leave a day care child alone in a vehicle as specified in Title 22, California Code of Regulations Division 12, Section 102417, subsection (k).

(c) The caregiver is responsible for ensuring care and supervision of the child(ren) of any minor parent placed in the home.

(1) Direct care and supervision of the child(ren) of a minor parent is to be provided during the hours that the minor parent is unavailable or unable to provide such care and supervision.

(2) If the home is a Whole Family Foster Home as defined in Welfare and Institutions Code section 11400, subsection (t), the caregiver shall work with the minor parent and a representative from the county child welfare agency or probation department to develop a shared responsibility plan as set forth in Welfare and Institutions Code sections 11465, subsection (d)(3) and 16501.25, subsection (b).

(d) Unless restricted by the case plan adopted by the court or other court order, the caregiver shall permit and facilitate connections between a "child" and a child's family and non-relative extended family members. Nothing in this section shall be interpreted to require a caregiver to take any action that would impair the health and safety of a "child."

Notes

Cal. Code Regs. Tit. 22, § 89378

1. Renumbering of former section 87078 to section 89378, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87078 to section 89378, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. New subsection (d) and amendment of NOTE filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
5. Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).

Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1501, 1507.25, 1522, 1530.6, 1531, 1559.110 and 1596.750, Health and Safety Code; USC Section 677 of the Social Security Act; Sections 362.04, 362.05, 366.1, 366.21, 11400(t), 11465, 16001.9, 16002.5, 16501(b) and 16501.25, Welfare and Institutions Code; and Section 15620, Vehicle Code.

1. Renumbering of former section 87078 to section 89378, including amendment of section and Note, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87078 to section 89378, including amendment of section and Note, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. New subsection (d) and amendment of Note filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
5. Amendment of section and Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).