§ 84001. Definitions.
22 CA ADC § 84001Barclays Official California Code of RegulationsEffective: July 1, 2023 to June 30, 2024
Effective: July 1, 2023 to June 30, 2024
22 CCR § 84001
§ 84001. Definitions.
In addition to Section 80001, the following shall apply:
(a)(1) “Accredited schools, colleges or universities, including correspondence courses offered by the same,” means those educational institutions or programs granted public recognition as meeting established standards and requirements of an accrediting agency authorized by the U.S. Secretary of Education.
(4) “Approved schools, colleges or universities, including correspondence courses offered by the same,” means those approved/authorized by the U.S. Department of Education, Office of Postsecondary Education or by the California Department of Consumer Affairs, Bureau for Private Postsecondary and Vocational Education, pursuant to Education Code Sections 94900 or 94915.
(6) “Co-locate” means that a vendor applicant is approved for more than one program type, i.e., ARF, RCFE, GH, and has received approval to teach specific continuing education courses at the same time and at the same location. Co-location is allowed for Continuing Education Training Program vendors only.
(4) “Emergency Intervention Staff Training Plan” means a written plan which specifies the training provided to group home personnel regarding the use of emergency interventions, as specified in Section 84322(g). The emergency intervention staff training plan is a component of the Emergency Intervention Plan.
(3) “Group Home” means a facility which provides 24-hour care and supervision to children, provides services specified in this chapter to a specific client group, and maintains a structured environment, with such services provided at least in part by staff employed by the licensee. The care and supervision provided by a group home shall be nonmedical except as permitted by Welfare and Institutions Code Section 17736(b). Since small family and foster family homes, by definition, care for six or fewer children only, any facility providing 24-hour care for seven or more children must be licensed as a group home.
(4) “Group Home Program Statement” means a written plan which identifies the client population, program structure and supervision, and provides specific program information. The group home program statement must contain all the elements required in the plan of operation, as specified in Section 84022.
(h)(1) “Health Care Professional” means a physician or an individual who is licensed or certified under Division 2 of the Business and Professions Code to perform the necessary client care procedures prescribed by a physician. Such health care professional include the following: Registered Nurse, Public Health Nurse, Licensed Vocational Nurse, Psychiatric Technician, Physical Therapist, Occupational Therapist and Respiratory Therapist.
(2) “Health-related services” shall include, but not be limited to, medical, dental, vision, mental health, substance use disorder services, reproductive and sexual health care. This shall include abortion and contraception related services and gender affirming health care and gender affirming mental health care.
(3) “Individualized Health Care Plan Team” means those individuals who develop an individualized health care plan for a child with special health care needs. This team must include the child's primary care physician or other health care professional designated by the physician, any involved medical team, the county social worker or regional center caseworker, and any health care professional designated to monitor the specialized in-home health care provided to the child as stated in the child's individualized health care plan. The individualized health care plan team may include, but shall not be limited to, a public health nurse, representatives from the California Children's Services Program or the Child Health and Disability Prevention Program, regional centers, the county mental health department and where reunification is the goal, the parent or parents, if available. In addition, the individualized health care plan team may include the prospective specialized group home licensee who shall not participate in any team determination required by Sections 84065.1(a)(1)(B) and (b)(2).
(m)(1) “Manual Restraint” means the use of a hands-on or other physically applied technique to physically limit the freedom of movement of a child. Techniques include, but are not limited to, forced escorts; holding; prone restraints; or other containment techniques, including protective separation.
(A) A dependency upon one or more of the following: enteral feeding tube, total parenteral feeding, a cardiorespiratory monitor, intravenous therapy, a ventilator, oxygen support, urinary catheterization, colostomy, ileostomy, ileal conduit, or other medical or surgical procedures or special medication regimens, including injection, and intravenous medication; or
(5) “Minor parent program” means a group home program that serves pregnant minors and minor parents with children younger than six years of age, who are dependents of the court, nondependents, voluntary and/or regional center placements, and reside in the group home with the minor parent, who is the primary caregiver of the young child.
(n)(1) “Needs and Services Plan” means a time-limited, goal-oriented written plan, implemented by the licensee, which identifies the specific needs of an individual child, including those items specified in Sections 84068.2 and 84168.3; and delineates those services necessary in order to meet the child's identified needs.
(p)(1) “Physical Restraining Device” means any physical or mechanical device, material, or equipment attached or adjacent to a child's body which the child cannot remove easily and which restricts the child's freedom of movement. Restraining devices include leg restraints, arm restraints, soft ties or vests, wheel chair safety bars. and full length bedrails.
(s)(1) “Satellite Home” means a facility which is owned by, contracted with, or otherwise controlled by the licensee of another group home. The primary function of the satellite home is to provide residential services to children who are former clients of the primary group home and/or to children who receive direct services from the primary group home. As specified in section 80008(b), each satellite home is required to independently meet regulations applicable to its licensed category.
(6) “Specialized In-Home Health Care” means health care identified by the child's physician as appropriately administered in the facility by a health care professional or by a licensee or staff trained by health care professionals pursuant to the child's individualized health care plan. For a child with special health care needs placed in a group home after November 1, 1993, these services must be provided by a health care professional.
(t)(1) “Transgender” means a person whose gender identity does not correspond with their anatomical sex. A transgender girl or woman is a girl or woman whose birth sex was male but who understands herself to be female. A transgender boy or man is a boy or man whose birth sex was female but who understands himself to be male.
Credits
Note: Authority cited: Section 17730, Welfare and Institutions Code; and Sections 1507.25, 1522.41(j), 1530, 1530.8 and 1530.9, Health and Safety Code. Reference: Sections 1501, 1502, 1503, 1507, 1507.2, 1522.4, 1522.41, 1530.8, 1530.9 and 1531, Health and Safety Code; Sections 362.04(a)(2), 362.05, 369.5, 727, 739.5, 11331.5(d), 11403, 16001.9, 17710, 17731, 17732.1 and 17736, Welfare and Institutions Code; and 45 CFR Section 1351.1(k).
History
1. Amendment filed 2-11-87; effective thirtieth day thereafter (Register 87, No. 7).
2. Change without regulatory effect amending lettering and correcting cross-references filed 5-25-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
3. Editorial correction restoring inadvertently omitted language (Register 97, No. 20).
4. Amendment of section and Note filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
5. Amendment of subsection n.(1) and Note filed 6-24-98; operative 7-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 26).
6. New subsections a.(1)-(2) filed 9-24-98; operative 9-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 39).
7. Amendment of section and Note filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
8. New subsection c.(1), subsection renumbering, new subsections c.(4)-(5), i.(4) and v.(1)-(2) 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.
9. New subsection a.(3) and subsection renumbering filed 1-26-2000; operative 1-26-2000 (Register 2000, No. 4).
10. New subsection c.(1), subsection renumbering, new subsections c.(4)-(5), i.(4) and v.(1)-(2) 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.
11. Certificate of Compliance as to 3-9-2000 order transmitted to OAL 4-12-2000 and filed 5-24-2000 (Register 2000, No. 21).
12. Amendment of subsections (e)(3)-(4) and (m)(2) 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.
13. 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).
14. Change without regulatory effect amending subsections (e)(3)-(4) and (m)(2) filed 1-24-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 4).
15. New subsection (a)(5) and amendment of Note filed 11-18-2003; operative 12-18-2003 (Register 2003, No. 47).
16. New subsection (r)(1), subsection renumbering and amendment of Note filed 9-3-2010; operative 10-3-2010 (Register 2010, No. 36).
17. Renumbering of subsection (a)(5) to subsection (m)(5), amendment of subsection (c)(2), new subsections (c)(2)(A)-(B) and amendment of subsections (c)(3) and (c)(3)(B)1.-2. and Note filed 2-6-2012; operative 3-7-2012 (Register 2012, No. 6).
18. New subsections (c)(4)-(c)(6) and (c)(9) and subsection renumbering filed 12-30-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 1).
19. New subsections (g)(1)-(2), subsection renumbering, new subsection (s)(2), subsection renumbering, new subsection (t)(1) and amendment of Note filed 8-24-2017; operative 10-1-2017 (Register 2017, No. 34).
20. Amendment of subsection (b)(1), new subsection (l)(1) and amendment of Note filed 8-28-2017; operative 10-1-2017 (Register 2017, No. 35).
21. New subsection (p)(4) and amendment of Note filed 5-20-2020; operative 7-1-2020 (Register 2020, No. 21).
22. Repealer of subsection (a)(1), subsection renumbering, new subsections (a)(3)-(4), subsection renumbering, new subsection (h)(2), amendment of subsection (r)(1) and amendment of Note filed 6-9-2022; operative 10-1-2022 (Register 2022, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
23. New subsection (s)(2), subsection renumbering and amendment of Note filed 5-16-2023; operative 7-1-2023 (Register 2023, No. 20).
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 22, § 84001, 22 CA ADC § 84001
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