§ 84072. Personal Rights.
22 CA ADC § 84072Barclays Official California Code of RegulationsEffective: July 1, 2024
Effective: July 1, 2024
22 CCR § 84072
§ 84072. Personal Rights.
(C) Calls permitted to be restricted by subsections (A)1. and (A)2. above shall not include calls to the child's authorized representative, placement agency, family members (including siblings and relatives, except by court order), social workers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASA), probation officers, representatives designated by the child's Indian tribe to participate in the juvenile court proceeding, Community Care Licensing Division of the California Department of Social Services or the State Foster Care Ombudsperson.
(15) To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the child's Indian tribe to participate in the juvenile court proceeding.
(16) To contact the California Department of Social Services Community Care Licensing Division or the Foster Care Ombudsperson, immediately upon request, regarding violations of rights to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(17) To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends, and if applicable, tribal members and members of the Indian community consistent with the prevailing social and cultural standards of the Indian child's tribe.
(19) To be free of physical, sexual, emotional, or other abuse, and from corporal or unusual punishment, exploitation, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature including, but not limited to, interference with the daily living functions of eating, sleeping, or toileting, or withholding of shelter, clothing, or aids to physical functioning.
(20) To be free to attend religious services, activities, and ceremonies of the child's choice, including, but not limited to, engaging in traditional Native American religious practices, and to have visits from the spiritual advisor of the child's choice. Attendance at religious services, activities, and ceremonies in or outside of the facility, shall be on a completely voluntary basis.
(21) To have caregivers, child welfare and probation personnel, and legal counsel who have received 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.
(22) To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the child's age, maturity, developmental level, sexual orientation, and gender identity and gender expression.
(A) Postural supports shall be limited to appliances or devices including braces, spring release trays, or soft ties used to achieve proper body position and balance, to improve a client's mobility and independent functioning, or to position rather than restrict movement including, but not limited to, preventing a client from falling out of bed, a chair, etc.
(G) Protective devices including, but not limited to, helmets, elbow guards, and mittens which do not prohibit a client's mobility but rather protect the client from self-injurious behavior are not to be considered restraining devices for the purpose of this regulation. Protective devices may be used if they are approved in advance by the licensing agency as specified below.
1. All requests to use protective devices shall be in writing and include a written order of a physician indicating the need for such devices. The licensing agency shall be authorized to require additional documentation including, but not limited to, the Individual Program Plan (IPP) as specified in Welfare and Institutions Code Section 4646, and the written consent of the authorized representative, in order to evaluate the request.
(28) 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.
Credits
Note: Authority cited: Sections 1502.8, 1530 and 1530.91, Health and Safety Code. Reference: Sections 1501, 1530.91 and 1531, Health and Safety Code; and Section 16001.9, Welfare and Institutions Code.
History
1. New subsection (b)(5)(A) filed 7-26-91; operative 8-26-91 (Register 91, No. 51).
2. Amendment of section and Note filed 8-16-2004; operative 9-15-2004 (Register 2004, No. 34).
3. Amendment filed 1-17-2007; operative 2-16-2007 (Register 2007, No. 3).
4. Amendment of section and Note filed 8-24-2017; operative 10-1-2017 (Register 2017, No. 34).
5. Amendment of section and Note filed 3-1-2024; operative 7-1-2024 (Register 2024, No. 9).
This database is current through 7/12/24 Register 2024, No. 28.
Cal. Admin. Code tit. 22, § 84072, 22 CA ADC § 84072
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