Cal. Code Regs. Tit. 22, § 84065 - [Operative 7/1/2024] Personnel Requirements
(a) In addition
to Section
80065, the following shall
apply.
(b) The licensee shall
employ those administrative, child care, social work and support staff
necessary to perform the assigned duties specified in applicable law and
regulation.
(1) The licensee shall designate
at least one staff member to be onsite at all times to apply the reasonable and
prudent parent standard to decisions involving the participation of a child in
age or developmentally appropriate activities pursuant to Section
84067.
(A) The licensee shall ensure that the
designated staff member receives training related to the reasonable and prudent
parent standard as specified in Health and Safety Code section
1522.44(c).
(c) The licensee shall ensure provision of
the services specified in Section
84065.2(c)(1) through
(4) by social work staff.
(d) 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 requirements prior to employment:
(2) This requirement does not apply to
facilities with a licensed capacity of six or less which were licensed prior to
January 1, 1985.
(A) One year of full-time
experience, or its equivalent, working with the client group to be served.
1. Experience shall be verified as having
been performed as a paid or volunteer staff person whose duties required direct
supervision and care of the client group served.
(B) Two years experience as a member of the
social work staff in a group home performing those duties specified in Section
84065.2(c).
(C) Completion with a passing grade, from an
accredited or approved college or university, of 15 college semester or
equivalent quarter units in behavioral sciences, 9 units of which 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.
(3) Prior to
assuming the duties and responsibilities of the facility manager, the
individual shall complete a minimum of one hour of training as specified in
Section 84065(k), in addition to training required in Sections 84065(i) and
(j).
(A) Facility managers only working in
community treatment facilities governed by Title 22, Division 6, Chapter 5,
Subchapter 1, who have completed the training required by Section
84165(f), are
exempt from the training required in Sections 84065(i) and (j).
(B) Facility managers only working in group
homes that care for children under the age of six years governed by Title 22,
Division 6, Chapter 5, Subchapter 2, who have completed the training required
by Sections
84265(c) and (h)
are exempt from the training required in Sections 84065(i) and
(j).
(4) Any person
willfully making any false representation as being a facility manager is guilty
of a misdemeanor.
(e) In
facilities with a licensed capacity of 13 or more children, one employee shall
be designated by the administrator to have primary responsibility for planned
activities, and shall be given assistance as necessary to ensure that all
children participate in accordance with their needs, interests, and abilities.
(1) Such employee shall develop, organize,
implement, and evaluate the facility activity program, and shall possess the
following qualifications:
(A) Completion of or
enrollment in a related education or training program.
(B) Six months' experience in organizing and
providing planned activities.
(f) The licensee of a group home providing
care and supervision to children diagnosed by a physician, psychiatrist,
psychologist or licensed clinical social worker as mentally disordered shall
make provision for at least monthly consultation from a psychiatrist, or
clinical psychologist, or licensed clinical social worker regarding the program
of services.
(1) The licensee shall maintain
on file copies of reports signed by any such consultant, noting the types and
hours of services provided.
(g) The licensee of a group home providing
care and supervision to children diagnosed by a physician, psychiatrist or
psychologist as developmentally disabled shall make provision for at least
monthly consultation from a qualified mental retardation professional regarding
the program of services.
(1) The licensee
shall maintain on file copies of reports signed by any such consultant, noting
the types and hours of services provided.
(h) The licensee shall develop, maintain, and
implement a written plan for the supervision, evaluation, and training of all
child care staff.
(1) The child care staff
training plan, as specified in Sections 84065(i) and (j) shall be incorporated
in the group home's program statement.
(2) The training plan shall address the
initial 24 hour training for newly hired child care staff.
(A) When the training plan includes job
shadowing activities as described in Section 84065(i)(1), the following shall
be included in the training plan:
1. Specific
activities;
2. Job classification
of the individual being shadowed;
3. Time spent on each activity; and
4. Skill to be developed through each job
shadowing activity.
(3) The training plan shall address the
annual training for newly hired and existing child care staff.
(4) The training plan shall include for each
training session the following:
(A) Course
title and subject matter;
(B)
Learning objectives and activities;
(C) Number of hours per training
session;
(D) Qualification of the
trainer; and
(E) Training
evaluation.
1. Each session shall include an
evaluation of the trainer and course content to determine if the training is
meeting the needs of child care staff.
(5) The training plan shall be appropriate
for the client population and the training needs and skill level of child care
staff.
(A) The licensee shall amend the
training plan, when necessary, to meet the needs of child care staff and the
client population.
(6)
Amendments to the staff training plan, shall be submitted to the Department
within ten days of the occurrence.
(i) Notwithstanding Sections
80065(f)(1) through
(6), new child care staff hired on or after
July 1, 1999, shall complete a minimum of 24 hours of initial training
comprised of the 8 and 16-hour training as specified in (1) and (2) below:
(1) 8-Hour Training
(A) Training shall be completed before new
child care staff are:
i. left alone with
children, and
(B) Until the 8 hours of training is
completed, new child care staff shall be visually supervised at all times by
child care staff who meet the training requirements specified in this
subsection and (2) below.
(C) A
maximum of 4 hours of the training requirement may be satisfied by successful
completion of job shadowing.
1. For the
purpose of this regulation, job shadowing means a process whereby new child
care staff follow and observe experienced facility personnel performing a
specific job. The purpose of job shadowing is to gain information related to a
specific job including, materials used, physical demands, necessary skills and
knowledge.
2. During shadowing, the
experienced facility personnel being shadowed must be performing child care
duties and counted in the staff to child ratios, as required in Sections
84065.5 and
84065.7.
3. Job shadowing shall promote the
development of specific skills, and shall consist of specific activities for a
specific time period.
4. Successful
completion of job shadowing shall be verified by a statement completed by the
experienced facility personnel being shadowed affirming:
a) specific activity observed;
b) dates and times of shadowing;
and,
c) training topic listed in
Section 84065(i)(3)(A) through (R) that is satisfied by the job shadowing
activity.
(D)
Within 7 calendar days of completion of the 8 hour training, the administrator
or administrator's designee shall assess if each child care staff understands
and can apply the training.
1. The assessment
may include observation of performance, post-testing or demonstrated hands-on
competency.
2. The assessment shall
be documented in each child care staff personnel record.
3. When the administrator or administrator's
designee determines a child care staff does not understand and cannot apply the
training, retraining is required.
(2) Sixteen hours of training shall be
completed by new child care staff within 90 days of hire.
(A) New child care staff who work a maximum
of 20 hours per week shall complete the additional minimum 16 hours of training
within 180 days of hire.
(B) Within
30 days of completion of the 16 hour training, the administrator or
administrator's designee shall assess if each newly hired child care staff
understands and can apply the training.
1. The
assessment may include observation of performance, post-testing or demonstrated
hands-on competency.
2. The
assessment shall be documented in each child care staff personnel
record.
3. When the administrator
or administrator's designee determines a child care staff does not understand
and cannot apply the training, retraining is required.
(3) Training shall include, at a
minimum, all of the following topics. The licensee shall determine how much
time is spent on each topic and shall ensure that child care staff have
appropriate skills necessary to supervise the children in care.
(A) Overview of the client population served
by the group home;
(B) Facility's
program and services, including program philosophy, activities and community
resources;
(C) Facility's policies
and procedures, including reporting requirements to the Department and as a
mandated child abuse reporter;
(D)
Child care workers' job description, including roles and
responsibilities;
(E) Child care
workers' self awareness;
(F) Role
of other facility personnel in service delivery, including case staffing, and
the role and responsibilities of the onsite staff member designated to apply
the reasonable and prudent parent standard as specified in Section 84065
(b)(1):
(G) Discipline policies and
procedures;
(H) Disaster
response;
(I) Medical emergency
response;
(J) Teamwork and
interpersonal communication among facility personnel and clients and client
family members;
(K) Teamwork and
intra-facility communication;
(L)
The role of placement workers;
(M)
Medication procedures, assistance with medication, universal precautions,
recognition of early signs of illness and the need for professional assistance,
and other health related issues, including oversight and monitoring of
psychotropic medications for children in foster care and related topics
specified in Section
16501.4(d)
of the Welfare and Institutions Code;
(N) Group home children's adjustment to group
care;
(O) Housekeeping and
sanitation principles; principles of nutrition, food preparation and storage
and menu planning;
(Q)
Availability of community services and resources; and
(R) Recreation activities and
resources.
(S) A child's rights as
specified in Welfare and Institutions Code section
16001.9
and Section
84072, including a child's right
to have 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 and gender expression, mental or physical
disability, or HIV status.
(T)
Instruction on cultural competency and sensitivity relating to sexual
orientation, gender identity and gender expression, and best practices for
providing adequate care to lesbian, gay, bisexual and transgender children in
out-of-home care.
(U) 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.
1. The training shall include the
right of children in foster care to have law enforcement intervention requested
only when there is an imminent threat to the life or safety of a child or
another person, or as a last resort after other diversion and de-escalation
techniques have been utilized; and to not have law enforcement intervention
used as a threat or in retaliation against the child.
(V) A child's right to receive sexual and
reproductive health care and information.
(W) A child's right to have their sensitive
health information kept confidential.
(X) The duties and responsibilities of the
assigned case management worker and the licensee to ensure that children can
obtain sexual and reproductive health services and information.
(Y) Guidance about how to engage and talk
with children about healthy sexual development and reproductive and sexual
health in a manner that is medically accurate, age or developmentally
appropriate, trauma informed, and strengths based.
(Z) Information about current contraception
methods and how to select and provide appropriate referral resources and
materials for information and service delivery.
(4) The training requirement shall be
satisfied by successful completion of course work conducted in a workshop,
seminar, classroom setting, individual or small group setting.
(A) Proof of successful completion of course
work shall be limited to official grade slips or transcripts from colleges or
adult education departments; or certificates or signed documentation issued by
bona fide educational institutions or organizations, or licensee associations,
or courses offered or approved by accredited educational institutions, or
qualified individuals who possess the necessary skills, knowledge and
experience to train others in a particular subject area.
1. A qualified individual shall possess:
a) a master's degree in a behavioral science
from an accredited college or university and one year experience as an
administrator, social worker, child care staff, or independent contractor
providing direct social work activities in a group home; or,
b) a master's degree and one year of work
experience with the client population or a bachelor's degree and two years of
work experience with the client population; or,
c) a licensed mental health professional, as
defined in California Code of Regulations Title 9, Chapter 12, Section
1901(p)
or,
d) a certificate or credential
from an accredited course of study or educational institution in the subject
matter for which the individual will be providing training;
e) or, an individual who has provided
training to group home child care staff for three years and has at least three
years work experience in the subject matter of the training.
(5)
Documentation of successful completion of training shall be maintained in the
personnel record for each child care staff.
(6) The 24 hour Initial training is in
addition to first aid and CPR training, and other training as required in
Sections 84065.1, and
84365.
(A) Initial 24 hour training does not apply
to child care staff only working in community treatment facilities governed by
Title 22, Division 6, Chapter 5, Subchapter 1 who have successfully completed
the training required in Section
84165(f), and
child care staff only working in group homes that care for children under the
age of six years governed by Title 22, Division 6, Chapter 5, Subchapter 2 who
have successfully completed training required in Section
84265(h).
(j) Annual Training
(1) Notwithstanding Sections
80065(f)(1) through
(6), all child care staff shall complete a
minimum of 20 hours of annual training, except as specified in (2) below.
(A) At least 5 hours of the annual training
shall consist of course work from an entity other than the group home such as
an accredited educational institution, workshops, seminars, or other direct
training provided by a qualified individual, who meets the requirements
specified in Section 84065(i)(4)(A)1, who is not affiliated with the group home
licensee.
(2)
Notwithstanding Section
80065(f)(1) through
(6), newly hired child care staff, hired on
or after July 1, 1999, shall complete a minimum of 16 hours of annual training
within the first 12 months of employment, for a total of 40 hours of initial
and annual training. After the first 12 months of employment, child care staff
shall comply with (1) above.
(A) At least 4
hours of the annual training shall consist of course work from an entity other
than the group home such as an accredited educational institution, workshops,
seminars, or other direct training provided by a qualified individual who meets
the requirements specified in Section 84065(i)(4)(A)1., who is not affiliated
with the group home licensee.
(3) Training may include, but is not limited
to, the following topics:
(A) Neglect/abuse
issues;
(B) Attachment
issues;
(C) Behavior
problems/psychological disorders;
(D) Mental health/behavioral
interventions;
(E) Developmental
disabilities;
(F) Substance abuse
issues;
(G) Cultural
diversity;
(H) Child and adolescent
development;
(I) Child
empowerment;
(J) Discharge and
emancipation;
(K) Importance of
sibling and family relationships;
(L) Placement agencies and the placement
process;
(M) Needs and service
plan/treatment planning and review;
(N) Employee training handbook; and
(O) Topics listed in Sections 84065(i)(3)(A)
through (Z).
(4) Training
topics shall be appropriate for the client population and services provided by
the facility.
(A) A portion of this training
shall address oversight and monitoring of psychotropic medications for children
in foster care and related topics specified in Section
16501.4(d)
of the Welfare and Institutions Code.
(5) The training requirement may be satisfied
by successful completion of course work conducted in a workshop, seminar, or
classroom setting, individual or small group setting.
(A) Proof of successful completion of course
work shall be limited to official grade slips or transcripts; or, certificates
or signed documentation issued by colleges, or adult education departments,
bona fide educational institutions or organizations, or licensee associations,
or courses offered or approved by accredited educational institutions, or
qualified individuals who possess the necessary skills, knowledge and
experience to train others in a particular subject area.
1. The qualified individual shall meet the
requirements specified in Section 84065(i)(4)(A)1.
(6) Documentation of successful
completion of training shall be maintained in the personnel record for each
child care staff.
(7) Annual
training is in addition to first aid and CPR training, and other training as
required in Sections
84065.1 and
84365.
(A) Annual training does not apply to child
care staff only working in community treatment facilities governed by Title 22,
Division 6, Chapter 5, Subchapter 1 who have successfully completed the
training required in Section
84165(f), and
child care staff only working in group homes that care for children under the
age of six years governed by Title 22, Division 6, Chapter 5, Subchapter 2 who
have successfully completed the training required in Section
84265(h).
(k) The licensee shall develop, maintain and
implement a written plan for the training of facility managers.
(1) The facility manager training plan shall
be incorporated in the group home's program statement.
(2) The training plan shall include the
following for each training session:
(A)
Course title and subject matter;
(B) Learning objectives and
activities;
(C) Number of hours per
training session;
(D)
Qualifications of the trainer; and
(E) Training evaluation.
1. Each session shall include an evaluation
of the trainer and course content to determine if the training is meeting the
needs of facility personnel acting as facility managers.
(3) The training plan shall be
appropriate for the client population and shall consider the training needs and
skill level of staff.
(A) The licensee shall
amend the training plan, as necessary, to meet the needs of facility personnel
acting as facility managers and the client population.
(4) Amendments to the staff training plan,
shall be submitted to the Department within ten days.
(5) Training shall include, but not be
limited to, the following. The licensee may determine how much time is spent on
each topic:
(A) Interaction with the
Department, including inspection authority;
(B) Licensee appeal rights; and
(C) Interaction with placement agencies,
neighbors, mental health agencies, law enforcement, medical/emergency
personnel, client family members.
(6) The training requirement may be satisfied
by successful completion of course work conducted in a workshop, seminar, or
classroom setting, individual or small group setting.
(A) Proof of successful completion of course
work shall be limited to official grade slips or transcripts; or, certificates
or signed documentation issued by colleges, or adult education departments,
bona fide educational institutions or organizations, or licensee associations,
or courses offered or approved by accredited educational institutions, or
qualified individuals who possess the necessary skills, knowledge and
experience to train others in a particular subject area.
1. The qualified individual shall meet the
requirements specified in Section 84065(i)(4)(A)1.
(7) Documentation of successful
completion of training shall be maintained in the personnel record for each
staff member.
(l) All employees shall be given a copy of
the job description specified in Section
84066(b)(1) which
is relevant to their duties, and shall have access to all other job
descriptions.
(m) The staff
assignment information specified in Section
84066(b)(2) shall
be provided to all applicants during interviews for employment; to all staff
during orientation or when changes are made which affect job assignments; and
upon request to placement agencies.
(n) Upon employment, the group home shall
make available for review by all group home personnel, an employee training
handbook that shall include the following: facility's program philosophy;
facility's policies and procedures; disaster response procedures; law
enforcement contact procedures; lines of authority and communication; Title 22
regulations; and reporting requirements.
(1)
The employee training handbook shall be maintained at the facility and updated
as needed.
(o) Upon
employment, staff shall receive copies of the removal and/or discharge policies
and procedures specified in Section
84068.4(a); of
the discipline policies and procedures specified in Section
84072.1(a), and
of the complaint procedures specified in Section
84072.2(a).
(p) Physician reports from general
practitioners or specialists may be required after licensure if the licensing
agency has reason to believe that a licensee's or staff member's physical
and/or mental health is not adequate to carry out responsibilities under these
regulations.
(1) The licensing agency shall
provide the licensee with a written explanation of the need for any additional
report.
Notes
Note: Authority cited: Sections 1522.41(j) and 1530, Health and Safety Code; and Section 16521.5(k), Welfare and Institutions Code. Reference: Section 51, Civil Code; Sections 1501, 1522.4, 1522.44, 1531 and 1562, Health and Safety Code; and Sections 362.05, 16001.9, 16501.4(d) and 16521.5, Welfare and Institutions Code.
Note: Authority cited: Sections 1522.41(j) and 1530, Health and Safety Code; Section 16521.5(k), Welfare and Institutions Code. Reference: Section 51, Civil Code; Sections 1501, 1522.4, 1522.44, 1531 and 1562, Health and Safety Code; and Sections 362.05, 16001.9, 16501.4(d) and 16521.5, Welfare and Institutions Code.
2. Change without regulatory effect correcting cross-references in subsections (c) and (d)(2)(B) filed 5-23-88; operative 5-23-88 pursuant to Section 100, Title 1, California Code of Regulations (Register 88, No. 22).
3. Amendment of subsections (b), (d) and (h)(1) filed 7-26-91; operative 8-26-91 (Register 91, No. 51).
4. Amendment of subsections (c) and (d)(2)(B) and new subsections (l) and (l)(1) filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
5. New subsections (d)(3)-(d)(3)(B), amendment of subsection (h), repealer of subsections (h)-(h)(2)(F), new subsections (h)(1)-(k)(8) and (n) and relettering of former subsections (i), (j), (k) and (l) to new subsections (l), (m), (o) and (p), respectively, 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.
6. New subsection (d)(4) and amendment of Note filed 9-22-99 as an emergency; operative 9-22-99 (Register 99, No. 39). A Certificate of Compliance must be transmitted to OAL by 3-20-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-28-99 order, including further amendment of section, transmitted to OAL 12-14-99 and filed 1-26-2000 (Register 2000, No. 4).
8. New subsection (d)(4) and amendment of Note refiled 3-9-2000 as an emergency; operative 3-22-2000 (Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL by 9-18-2000 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-9-2000 order transmitted to OAL 4-12-2000 and filed 5-24-2000 (Register 2000, No. 21).
10. Amendment of subsections (i)(6), (j)(7) and (k)(8) filed 1-17-2002 as an emergency; operative 2-1-2002 (Register 2002, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-3-2002 or emergency language will be repealed by operation of law on the following day.
11. Reinstatement of section as it existed prior to 1-17-2002 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 4).
12. Change without regulatory effect amending subsections (i)(6), (j)(7) and (k)(8) filed 1-24-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 4).
13. Amendment of subsection (i)(3), new subsection (i)(3)(S), amendment of subsection (j)(3)(O) and amendment of Note filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
14. New subsection (i)(3)(T) and amendment of subsection (j)(3)(O) filed 8-24-2017; operative
15. Amendment of subsection (i), new subsection (i)(3)(U) and amendment of subsections (j)(3), (j)(3)(O) and (n) filed 8-28-2017; operative 10-1-2017 (Register 2017, No. 35).
16. Amendment of subsection (i)(3)(M), new subsection (j)(4)(A) and amendment of Note filed 5-20-2020; operative
17. New subsections (b)(1)-(b)(1)(A), amendment of subsections (i)(3)(F) and (i)(3)(S), new subsections (i)(3)(V)-(W), amendment of subsection (j)(3)(O) and amendment of Note filed 6-9-2022; operative
18. Amendment of subsections (i)(3)(S)-(T) and new subsection (i)(3)(U)1. filed 3-1-2024; operative
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