(a) The board of directors shall be active in ensuring accountability, and shall perform, at a minimum, the following duties:
(1) Establish and approve policies and procedures governing the operation of the group home;
(2) Approve and monitor the corporation's operating budget;
(3) Assess and maintain the level of funds necessary to cover the costs of operating the group home;
(4) Review and approve the facility's emergency intervention plan as specified in Section 84322(k);
(5) Employ an administrator who meets the requirements of Section 84064;
(6) Complete a written statement describing the duties delegated to the administrator. Provide a copy of this statement to the administrator and maintain a copy in the facility's file;
(7) Require that the Chief Executive Officer, administrator, or a designee be present at all board of directors meetings during which the operation or the policies of the group home(s) are discussed;
(8) Conduct board of directors or governing body meetings at least on a quarterly basis to review and discuss the group home's operation and documents as specified in Health and Safety Code Section 1520.1(f), and based upon the review, ensure that the group home complies with all applicable regulations;
(A) Review and discussion of the group home's operation shall include the incidents involving contact by law enforcement with a child residing in the facility that were reported to the Department as specified in Section 84061(i).
(9) Ensure that minutes are kept for all board of directors meetings and retained as a permanent record. The minutes shall reflect the board's discussion of the documents specified in Health and Safety Code Section 1520.1(f);
(10) Ensure that all minutes of board of directors' meetings are available to the licensing agency to inspect, audit, and copy upon demand during normal business hours. Minutes may be removed if necessary for copying. Removal of minutes shall be subject to the following requirements:
(A) Prior to removing any minutes, a licensing representative shall prepare a list of the minutes to be removed, sign and date the list upon removal of the minutes, and leave a copy of the list with the administrator or designee.
(B) Licensing representatives shall return the minutes undamaged and in good order within three business days following the date the minutes were removed.
(11) Submit copies of all corporate documents to the licensing agency at the time documents are submitted to the Secretary of State.
(b) The licensee shall provide each board of directors member with the “Facts You Need To Know, Group Home Board of Directors” (PUB 326) booklet furnished by the Department.
(c) The licensee shall require that each board of directors member sign and date the form, LIC 9165) as specified in Section 84018(c). The signed original form shall be maintained in the corporation's principal California office.
(1) The signed form shall be obtained from each board of directors member by the next scheduled board of directors meeting after July 1, 1999.
(2) A signed form shall be obtained from a prospective board of directors member before joining the board of directors.
(3) A permanent license shall not be issued until all members of the board of directors have signed the form.
(4) The LIC 9165 specified in (c) above shall be made available for review by the Department upon request.
Credits
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1520.1(f) and 1520.11(c), Health and Safety Code.
History
1. New section filed 6-24-99 as an emergency; operative 7-1-99 (Register 99, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-28-99 pursuant to section 73, chapter 311, Statutes of 1998 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 2).
3. Certificate of Compliance as to 6-24-99 order transmitted to OAL 12-1-99 and filed 1-12-2000 (Register 2000, No. 2).
4. Amendment of subsection (a)(4) 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.
5. 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).
6. Change without regulatory effect amending subsection (a)(4) filed 1-24-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 4).
7. Amendment of subsections (a) and (a)(10) and new subsections (a)(10)(A)-(B) filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
8. Amendment of subsections (a) and (a)(8) and new subsection (a)(8)(A) filed 8-28-2017; operative 10-1-2017 (Register 2017, No. 35).
This database is current through 7/12/24 Register 2024, No. 28.
