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§ 84087. Buildings and Grounds.

22 CA ADC § 84087Barclays Official California Code of RegulationsEffective: July 1, 2024

Barclays California Code of Regulations
Title 22. Social Security
Division 6. Licensing of Community Care Facilities (Refs & Annos)
Chapter 5. Group Homes
Article 7. Physical Environment
Effective: July 1, 2024
22 CCR § 84087
§ 84087. Buildings and Grounds.
Currentness
(a) In addition to Section 80087, the following shall apply.
(b) Bedrooms shall meet, at a minimum, the following requirements:
(1) No more than two children shall share a bedroom.
(2) Bedrooms shall be large enough to allow for easy passage and comfortable use of any required assistive devices, including but not limited to wheelchairs, between beds and other items of furniture.
(3) 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 the opposite sex.
(B) Each child is under five years of age, or
(C) A child is exercising their right to share a bedroom consistent with their gender identity regardless of the gender or sex listed on the court or child welfare documents.
(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, bath or toilet.
(6) Except for infants, children shall not share a bedroom with an adult.
(A) In bedrooms shared by adults and infants, no more than one infant and no more than two adults shall share the room.
(B) If two children have been sharing a bedroom and one of them turns 18 they may continue to share the bedroom as long as they remain compatible and the licensing agency has granted as exception pursuant to Section 80024.
(7) Private bedrooms, separate from the children's bedrooms shall be provided for staff or other adults who sleep at the facility.
(A) Staff bedrooms are to be located near the children's sleeping area.
(8) Subsections (1), (2), (3), (4), (5), and (6) apply to all bedrooms used by all children in the facility including children who are members of the licensee's family, children of staff members and children in placement.
(9) Subsections (4), (5) and (7) apply to all bedrooms used by the licensee(s), staff and any other adults in the facility.
(c) The licensee shall prohibit smoking in the facility and on the grounds of the facility.
(d) Every group home shall have one or more carbon monoxide detectors in the facility that meets the standards established in Health and Safety Code Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.
(e) In every situation where children share a bedroom, the licensee 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 Licensee 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 licensee shall not disclose information about the child's sexual orientation and/or gender identity and gender expression against the child's wishes, unless disclosure is required to protect the child's health and safety or compelled to do so by law or court order. This documentation shall be maintained in the child's record.

Credits

Note: Authority cited: Sections 1502.8 and 1530, Health and Safety Code. Reference: Sections 1501, 1503.2, 1530.8, 1531, 13260, 13261, 13262 and 13263, Health and Safety Code; Section 16001.9, Welfare and Institutions Code; and “The Health Consequences of Involuntary Exposure to Tobacco Smoke”: A Report of the Surgeon General (2006).
History
1. Amendment of subsection (b) filed 7-26-91; operative 8-26-91 (Register 91, No. 51).
2. New subsections (b)(6)(A) and (b)(6)(B) filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
3. New subsection (c) and amendment of Note filed 2-4-2010; operative 3-6-2010 (Register 2010, No. 6).
4. Change without regulatory effect adding subsection (d) and amending Note filed 7-7-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 28).
5. Amendment of subsections (b)(1) and (b)(3), new subsections (b)(3)(A)-(C), new subsection (e) and amendment of Note filed 8-24-2017; operative 10-1-2017 (Register 2017, No. 34).
6. Amendment of subsections (b)(3)(C) and (e) and amendment of Note filed 3-1-2024; operative 7-1-2024 (Register 2024, No. 9).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 22, § 84087, 22 CA ADC § 84087
End of Document