(a) The
caregiver shall provide bedrooms in the home which shall meet, at a minimum,
the following requirements unless a Documented Alternative Plan (LIC 973) is
approved:
(1) No more than two children shall
share a bedroom.
(2) Children of
different sexes shall not share a bedroom unless:
(A) A minor parent may share a bedroom with
the minor parent's child of a different sex.
(B) Each child is under 5 years of age,
or:
(C) A Caregiver is permitting a
child to share a bedroom consistent with their gender identity regardless of
the gender or sex listed on the court or child welfare documents.
(A) In bedrooms shared by an adult and
infant, no more than two infants and two adults shall share the room.
(B) A "child" who turns 18 and meets the
requirements specified in Section
89201, subsection (c)(7)(A) or (B)
is not considered an adult for purposes of this section and may continue to
share a bedroom with another "child."
(3) Except for infants, children shall not
share a bedroom with an adult.
(4)
No room commonly used for other purposes shall be used as a bedroom.
(A) Such rooms shall include but not be
limited to halls, stairways, unfinished attics or basements, garages, storage
areas and sheds or similar detached buildings.
(5) No bedroom shall be used as a public or
general passageway to another room.
(6) Each bedroom shall have at least one
operable window or door that ensures safe, direct, emergency exit to the
outside. If security window bars are used, the window is considered operable
only if the window bars have a safety release device that meets all state and
local requirements. If the caregiver's home is in a high rise building, the
caregiver is subject to the rules and regulations set forth by the State Fire
Marshal.
(7) The caregiver shall
provide each "child" with an individual bed which is equipped with a clean,
comfortable mattress, clean linens, blankets, and pillows, as needed, all in
good repair.
(A) Linen shall be changed at
least once per week or more often when necessary to ensure that clean linen is
in use by a "child" at all times.
(B) Beds shall be arranged to allow easy
passage between beds and easy entrance into the room.
(8) Bunk beds of more than two tiers shall
not be used.
(A) Bunk beds shall have railings
on both sides of the upper tier to prevent falling.
(B) A "child" under six years of age or who
is unable to climb into or out of the upper tier unassisted shall not be
permitted to use the upper tier.
(9) The caregiver shall provide each infant
with a safe and sturdy bassinet or crib, appropriate to the age and size of a
"child." The following shall apply to cribs:
(A) Tiered or stacked cribs shall not be
permitted.
(B) Crib slats shall not
pose the danger of an infant being trapped.
(C) Crib mattresses shall be clean,
comfortable and fit properly in the crib.
(D) Linen shall be changed at least once per
week or more often when necessary to ensure that clean linen is in use by
infants at all times.
(E) An infant
who can climb out of a crib shall be provided with an age-appropriate
bed.
(10) Each bedroom
shall have portable or permanent closets and drawer space to accommodate the
child's clothing and personal belongings.
(11) Subsections (a)(1) through (a)(10) apply
to all bedrooms used by all children residing in the home, including children
who are members of the caregiver's family, guardianship children, children of a
minor parent, and children in care.
(12) Subsections (a)(4) and (a)(5) apply to
all bedrooms used by the caregiver and all other adults residing in the
home.
(b) In every
situation where children share a bedroom, the Caregiver shall document that the
bedroom sharing arrangement ensures the health and safety of each child and
that the children are compatible. When considering compatibility a Caregiver
shall consult with children in their care, in an age and developmentally
appropriate manner, regarding the child's sexual orientation and gender
identity and what information the child wishes to disclose and to whom. A
Caregiver shall not disclose information about the child's sexual orientation
and/or gender identity against the child's wishes, unless compelled to do so by
law or court order. This documentation shall be maintained in the child's
record.
(c) The home shall be
clean, safe, sanitary, and in good repair at all times.
(1) The licensee shall take measures to keep
the home reasonably free of flies and other insects.
(d) All outdoor and indoor passageways,
stairways, inclines, ramps, and open porches shall be kept free of
obstruction.
(e) A caregiver who
accepts a "child" under 10 years of age or a "child" who is developmentally,
mentally, or physically disabled shall ensure that swimming pools,
fixed-in-place wading pools, hot tubs, spas, or similar bodies of water are
inaccessible.
(1) The caregiver shall use the
reasonable and prudent parent standard as defined in Welfare and Institutions
Code section
362.04,
subsection (a)(2) and as specified in Section
89377, Reasonable and Prudent
Parent Standard, when deciding whether a "child" should have access to fish
ponds, fountains, creeks, and similar bodies of water.
(2) Inaccessibility shall be assured by using
at least one of the following safety features in subsections (A) or (B) below:
(A) The pool shall be isolated from access to
the home by an enclosure, as defined in Health and Safety Code section
115921,
subsection (c) and as specified in section
115923 and does not obscure the
pool from view.
1. If removable mesh pool
fencing is used as the enclosure as provided in Health and Safety Code section
115922,
subsection (a)(2), the caregiver shall ensure that it is installed and
maintained according to the manufacturer's specifications.
(B) The pool shall be equipped with an
approved safety pool cover as defined in Health and Safety Code section
115921,
subsection (d). A pool safety net that meets the American Society for Testing
and Materials standards is considered an approved safety pool cover. Pool
covers shall be supported by flotation devices.
1. If a foster family home has dual licensure
as a family child care home, a pool safety net shall not be
permitted.
(C) When the
licensing or approval agency determines that it is not possible for the
caregiver to comply with subsections (A) or (B) above, the home shall be
equipped with exit alarms, as defined in Health and Safety Code section
115921,
subsection (e), on doors or windows that provide direct access to the pool.
1. All windows in rooms that provide direct
access from the home to the pool or body of water shall be secured so that they
cannot open more than 4 inches.
(D) The caregiver may use other means of
protection, if the degree of protection afforded is equal to or greater than
that afforded by any of the devices set forth in subsections (A) to (C). The
other means of protection must be approved in writing by the licensing or
approval agency.
1. If licensed or approved
prior to June 1, 1995, homes with existing pool fencing shall be exempt from
the fence requirements specified in subsection (d)(1)(A) until such fence is
replaced or structurally altered. When the caregiver replaces or alters the
fence, it shall be required to meet the fence requirements specified in
subsection (d)(1)(A).
(f) If the home has an above-ground pool, the
pool shall be made inaccessible when not in use by removing or making the
ladder inaccessible and if the pool is less than 60 inches in height, by the
use of a barricade. Any barricade, whether or not it includes the above-ground
pool structure itself, shall meet the requirements of subsection
(d)(1)(A).
(g) All pools that
cannot be emptied after each use shall have an operative pump and filtering
system.
(h) An adult who has the
ability to swim shall provide supervision at all times when "a child" is using
a pool or a body of water from which rescue requires the rescuer's ability to
swim.
(i) If the caregiver provides
a yard or outdoor activity space, it shall be free from hazards that endanger
the health and safety of a "child."
(j) The caregiver who accepts a "child" with
a disability shall make necessary specific provisions including, but not
limited to, changes to the buildings and grounds as required to protect and
assist a "child" and to maximize the potential of a "child" for
self-help.
(k) The caregiver shall
maintain at least one toilet, sink, and tub or shower in safe, clean operating
condition.
(1) If age and developmentally
appropriate, individual privacy shall be provided to a "child" in all toilet,
bath, and shower areas.
(2)
Bathrooms shall be located inside the home.
(l) The caregiver shall maintain a safe and
comfortable temperature for a "child" in the home at all times.
(m) The caregiver shall ensure the safety of
a "child" in a home that has fireplaces, open-faced heaters, or
woodstoves.
(n) The caregiver shall
provide lighting as necessary in all rooms and other areas to ensure comfort
and safety in the home.
(o) Faucets
used by a "child" for personal care and grooming shall deliver hot water at a
safe temperature.
(p) Waste shall
be stored, located, and disposed of in a manner that will not permit the
transmission of communicable disease or odors, create a nuisance, provide a
breeding place or food source for insects or rodents.
(q) Except a home with a sprinkler system, a
home shall have an approved, commercially manufactured, and functioning smoke
detector installed in the hallway(s) in each sleeping area in the home. The
smoke detectors shall be audible in each bedroom or sleeping room.
(r) The licensee shall prohibit smoking
inside the home.
(s) Smoking on the
outside of the home is permitted, as long as the child is not
present.
(t) Every foster family
homes shall have one or more carbon monoxide detectors in the home that meets
the standards established in Health and Safety Code Chapter 8 (commencing with
Section
13260) of Part 2 of Division
12.