Cal. Code Regs. Tit. 22, § 89465 - Caregiver Requirements

(a) The licensing agency shall have the authority to require any caregiver to provide additional help whenever the agency determines that additional help is required to provide necessary services to children.

(1) The following factors shall be used in determining the need for additional help:

(A) Needs of the particular children,

(B) Extent of the services provided by the home,

(C) Physical arrangements of the particular home, and

(D) Any change in the considerations listed in Section 89231, subsection (b).

(2) The licensing agency shall specify in writing the reasons for its determination.

(b) The caregiver and additional help shall be in good physical and mental health and able to comply with this chapter.

(1) Good health shall be verified by a health screening, including a test for tuberculosis not more than one year old, and performed by or under the supervision of a physician.

(2) The report, signed by the person performing the health screening, shall indicate the following:

(A) The presence of any health condition that would create a hazard to the caregiver or children.

(c) Physician reports from general practitioners or specialists may be required after licensure if the licensing agency has reason to believe that the physical or mental health of the caregiver or additional help is not adequate to carry out responsibilities specified in this chapter.

(1) The licensing agency shall provide the caregiver with a written explanation of the need for any additional report.

(2) The licensing agency shall specify in writing what written information is required from the caregiver.

(d) All adults regularly present in the home shall submit their test results for tuberculosis performed no more than one year before placement of the first child in the home.

(e) Occasional short-term babysitters and alternative caregivers as specified in Section 89378, Responsibility for Providing Care and Supervision, are exempt from the requirements of this section.

Notes

Cal. Code Regs. Tit. 22, § 89465

1. Renumbering of former section 87065 to section 89465 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 A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.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 87065 to section 89465 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, including amendment of subsection (d), transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. 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, 1501.1, 1507, 1507.2 and 1531, Health and Safety Code; and Sections 361.2(j)-(j)(1)(B) and 362.04(e), Welfare and Institutions Code.

1. Renumbering of former section 87065 to section 89465 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 87065 to section 89465 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, including amendment of subsection (d), transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).