§ 86501. Definitions.
22 CA ADC § 86501Barclays Official California Code of Regulations
22 CCR § 86501
§ 86501. Definitions.
(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.
(A) Authorized accrediting agencies include the Accrediting Commission, National Home Study, the Accrediting Bureau of Health Education Schools, the Association of Independent Colleges and Schools, the National Association of Trade and Technical Schools, and the Western Association of Schools and Colleges.
(5) “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.
(6) “Child Abuse Central Index” (CACI) means the California Department of Justice maintained statewide, multi-jurisdictional, centralized index of child abuse investigation reports. These reports pertain to alleged incidents of physical abuse, sexual abuse, mental/emotional abuse and/or severe neglect. Each child protection agency (police, sheriff, county welfare and probation departments) is required by law to forward to the California Department of Justice a report of every child abuse incident it investigates, unless an incident is determined to be unfounded.
(7) “Child Abuse Central Index Clearance” means that the California Department of Justice has conducted a name search of the index and the search did not result in a match or the search resulted in a match but the California Department of Social Services determined after an investigation that the allegation of child abuse or neglect was not substantiated.
(A) The applicant has submitted and the Department has received all required materials, including: an approved fire clearance from the appropriate fire authority having jurisdiction, a Child Abuse Central Index clearance, and a criminal record clearance or a criminal record exemption on the individuals specified in Section 86519(c).
(15) “Crisis Nursery” means a facility licensed by the Department to operate a crisis residential overnight program pursuant to Health and Safety Code Section 1516 to provide short-term care and supervision for children under six years of age, who are voluntarily placed, as defined in Section 86501(v)(1), for temporary care, by a parent or legal guardian due to a family crisis or a stressful situation. A crisis nursery may also provide crisis day services as defined in Section 86501(c)(16).
(16) “Crisis Day Services” means temporary, nonmedical care and supervision for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for less than 24 hours per day. Crisis day services shall be provided during a time period defined by the crisis nursery in its plan of operation, but not to exceed a period of 14 hours per day. A child may not receive crisis day services at a crisis nursery for more than 30 calendar days, or a total of 360 hours, in a six-month period unless the department issues an exception.
(17) “Crisis Residential Overnight Program” means short-term, 24-hour nonmedical residential care and supervision, including overnight, for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for no more than 30 days.
(e)(1) “Exception” means a written authorization issued by the Department to use alternative means that meet the intent of a specific regulation(s) and which are based on the unique needs or circumstances of a specific child(ren) or staff person(s). Exceptions are granted for particular children or staff person(s) and are not transferable or applicable to other children, staff person(s), facilities or licensees.
(2) “Family Crisis or Stressful Situation” means a crucial time or an unstable situation that has reached a critical phase where the parent or legal guardian has made a determination that temporary out-of-home care is in the child's best interest and is necessary for the parent or legal guardian to fulfill other responsibilities to improve or maintain the parenting function.
(3) “Initial Assessment Plan” means a time-limited, goal-oriented written plan implemented by the licensee that identifies the specific needs of an individual child and the child's family, including those items specified in Section 86568.2, Initial Assessment Plan, and delineates those services necessary to meet those needs.
(l)(1) “Lead Caregiver” means a person who meets the education, experience and training requirements specified in Section 86565(q) and (r) and is on the premises at all times when children are present and has the authority and responsibility necessary to manage and control the day-to-day operation of a crisis nursery.
(2) “Relative” means spouse, domestic partner as defined in Family Code Section 297, parent, stepparent, son, daughter, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin or such person denoted by the prefix “grand” or “great” or the spouse or domestic partner of any of these persons, even after the marriage has been terminated by death or dissolution.
Credits
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 297, Family Code; Sections 1501, 1502, 1503, 1503.5, 1511, 1516, 1520, 1522, 1525, 1526, 1526.8, 1531, 1533, 1534, 1538 and 1538.5, Health and Safety Code; and Section 17710, Welfare and Institutions Code.
History
1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section and Note, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. Amendment of subsection (v)(1) filed 9-29-2011; operative 10-29-2011 (Register 2011, No. 39).
7. Change without regulatory effect amending subsection (a)(6), repealing subsections (b)(1) and (c)(14), renumbering subsections, amending newly designated subsections (c)(15)-(16), adding subsection (c)(17), repealing subsection (p)(1), renumbering subsections, amending subsection (v)(1) and amending Note filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).
8. Amendment of subsection (a)(6) and repealer of subsection (r)(3) filed 2-25-2021; operative 4-1-2021 (Register 2021, No. 9).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 86501, 22 CA ADC § 86501
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