(a) The licensee shall report to the Department within the next business day during normal business hours (8 a.m. to 5 p.m.), and in writing seven days, of the occurrence of any of the following incidents:
(1) Death of any child in care from any cause, regardless of where the death occurred including in route to or from a hospital, or visiting away from the crisis nursery.
(A) The licensee shall obtain a certified copy of the child's death certificate as soon as it is available, maintain it in the child's file, and send a copy to the Department as soon as it is obtained.
(2) Any injury to any child that requires treatment by a medical professional.
(3) Any unusual incident or child absence which threatens the physical or emotional health or safety of any child.
(A) When reporting a child's absence, the report must include the following:
1. When and how the child's absence was first noted.
2. The child's last known activities.
3. The circumstances surrounding the child's absence.
4. Action taken by crisis nursery personnel to locate the child.
5. Whether law enforcement was involved, and if so, the extent of involvement.
6. Documentation that the child's authorized representative has been notified of the incident.
(4) Any suspected physical or psychological abuse or neglect as defined in Penal Code Section 11165.6 of any child in care, in addition to reporting requirements pursuant to Penal Code Section 11166.
(5) A communicable disease outbreak when determined by the local health authority.
(6) Poisonings.
(7) Fires or explosions that occur in or on the premises.
(A) Within 24 hours the licensee additionally shall report to the local fire authority, or in areas not having organized fire services, to the State Fire Marshal.
(b) As soon as possible, but not later than the next business day, the licensee additionally shall report the incidents specified in Section 86561(a)(1) through (a)(7) that affect a child to that child's authorized representative.
(c) The licensee shall include the following information on the written report:
(1) Child's name, age, sex, and date of admission.
(2) A detailed narrative of the incident and the events leading up to the incident, including the date, time, and location.
(3) Attending physician's name, findings, and treatment, if any.
(4) Disposition of the case, including the description of the crisis nursery plan for the child, in response to the incident.
(5) Analysis of the incident compared to other reportable incidents involving the same child, if any, and including the following information:
(A) Description of other incidents.
1. Dates of previous incidents.
2. Types of incidents.
3. Action taken by crisis nursery personnel in response to incidents.
(B) The commonalities with other incidents involving the same child.
(d) Within 10-working days following the occurrence, the licensee shall report to the Department the following changes:
(1) The organizational changes specified in Section 86534(a)(2).
(2) Any change in the licensee's mailing address.
(3) Any change of the chief executive officer of a corporation or association, including the new chief executive officer's name and address.
(4) A new member of the board of directors including the following information:
(A) Name and mailing address of the new member.
(B) Date he/she joined the board of directors.
(5) Any change in the administrator, including the following information:
(A) Name, residence, and mailing addresses of the new administrator.
(B) Date position was assumed.
(C) Description of background and qualifications, including documentation of required education.
1. Photocopied of the documentation shall be permitted.
(6) Any changes in the plan of operation, specified in Section 86522(b) through (c), that affect the services to children.
(A) Before implementing any changes to the plan of operation, the licensee shall obtain written approval from the Department.
(e) The licensee shall send to a child's authorized representative, board members of the crisis nursery, or child rights advocates, copies of substantiated complaints, in accordance with Health and Safety Code Section 1538.5(b).
(f) The licensee shall ensure that the child's authorized representative is notified no later than the next business day if the following circumstances have occurred without the authorized representative's participation:
(1) The child has been placed in the crisis nursery under emergency circumstances.
(2) The child has been removed from the crisis nursery.
(g) The licensee shall ensure that the child's authorized representative is sent prior written notification regarding the need for non-emergency relocation of the child.
(h) The licensee shall collect and maintain information on the LIC 9219 that includes the following information:
(1) The total number of children placed in the program.
(2) The length of stay for each child in the crisis nursery.
(3) The number of children receiving crisis day services.
(4) The reasons given for the use of the crisis nursery.
(5) The age of each child.
(6) LIC 9219 reports shall be maintained at the crisis nursery for at least three years and made available to the Department upon request pursuant to Section 86544(d).
Credits
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507, 1516, 1522.41(b)(4), 1531, 1538.5, 1558.1 and 1562, Health and Safety Code.
History
1. New article 6 (sections 86561-86580) and 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 article 6 (sections 86561-86580) and 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 article 6 (sections 86561-86580) and 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, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. Change without regulatory effect amending subsections (e), (h), (h)(1) and (h)(3), adding subsections (h)(4)-(5), renumbering subsections, amending newly designated subsection (h)(6) and amending Note filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).
7. Amendment of subsections (a)(3)(A)6. and (e) filed 2-25-2021; operative 4-1-2021 (Register 2021, No. 9).
This database is current through 5/10/24 Register 2024, No. 19.
