Cal. Code Regs. Tit. 22, § 89410 - Limitations on Capacity and Ambulatory Status

(a) The caregiver shall not operate a home beyond the conditions and limitations specified in the license, including the capacity determination, as specified in Section 89228, Capacity Determination.

(b) The caregiver shall not accept more than two infants, including infants in the caregiver's family, without additional help.

(c) Unless the licensing agency approves an increase before placement, a social worker or placing agency does not have the authority to place more children in a home than the capacity stated on the home's license or waiver.

(d) The caregiver shall not allow a "child" who is nonambulatory to be placed in or remain in any room approved to accommodate only children who are ambulatory.

(1) The licensing agency may require a "child" who is accommodated in an ambulatory room to demonstrate that they are ambulatory.

(e) The licensing agency may limit care to specific children.

(1) If care is limited to specific children, the licensing agency shall specify the names of the children in a letter to the caregiver.

(2) Except where the limitation is requested by the caregiver, the caregiver shall be notified in writing of the reasons for such limitation and of the caregiver's right to appeal the decision as specified in Section 89240, subsections (c) and (d).

Notes

Cal. Code Regs. Tit. 22, § 89410

1. Renumbering of former section 87010 to section 89410, 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 A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.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 87010 to section 89410, 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 A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.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. Amendment of section, including renumbering of former section 89228, subsection (d) to section 89410, subsection (e), and amendment of NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
5. Editorial correction removing duplicative subsections (e)-(e)(1) (Register 2010, No. 12).

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, 1501.1, 1507.5 and 1531, Health and Safety Code.

1. Renumbering of former section 87010 to section 89410, 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 87010 to section 89410, 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. Amendment of section, including renumbering of former section 89228, subsection (d) to section 89410, subsection (e), and amendment of Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
5. Editorial correction removing duplicative subsections (e)-(e)(1) (Register 2010, No. 12).