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§ 84065. Personnel Requirements.

22 CA ADC § 84065Barclays 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 6. Continuing Requirements
Effective: July 1, 2024
22 CCR § 84065
§ 84065. Personnel Requirements.
(a) In addition to Section 80065, the following shall apply.
(b) The licensee shall employ those administrative, child care, social work and support staff necessary to perform the assigned duties specified in applicable law and regulation.
(1) The licensee shall designate at least one staff member to be onsite at all times to apply the reasonable and prudent parent standard to decisions involving the participation of a child in age or developmentally appropriate activities pursuant to Section 84067.
(A) The licensee shall ensure that the designated staff member receives training related to the reasonable and prudent parent standard as specified in Health and Safety Code section 1522.44(c).
(c) The licensee shall ensure provision of the services specified in Section 84065.2(c)(1) through (4) by social work staff.
(d) The licensee shall designate at least one facility manager to be present at the facility at all times when children are present:
(1) The facility manager shall meet one of the following requirements prior to employment:
(2) This requirement does not apply to facilities with a licensed capacity of six or less which were licensed prior to January 1, 1985.
(A) One year of full-time experience, or its equivalent, working with the client group to be served.
1. Experience shall be verified as having been performed as a paid or volunteer staff person whose duties required direct supervision and care of the client group served.
(B) Two years experience as a member of the social work staff in a group home performing those duties specified in Section 84065.2(c).
(C) Completion with a passing grade, from an accredited or approved college or university, of 15 college semester or equivalent quarter units in behavioral sciences, 9 units of which must be in courses relating to children with behavioral problems which may be the result of abuse, neglect, or emotional trauma. The courses may include, but are not limited to curriculums in Corrections, Psychology, Social Work, or Social Welfare.
(3) Prior to assuming the duties and responsibilities of the facility manager, the individual shall complete a minimum of one hour of training as specified in Section 84065(k), in addition to training required in Sections 84065(i) and (j).
(A) Facility managers only working in community treatment facilities governed by Title 22, Division 6, Chapter 5, Subchapter 1, who have completed the training required by Section 84165(f), are exempt from the training required in Sections 84065(i) and (j).
(B) Facility managers only working in group homes that care for children under the age of six years governed by Title 22, Division 6, Chapter 5, Subchapter 2, who have completed the training required by Sections 84265(c) and (h) are exempt from the training required in Sections 84065(i) and (j).
(4) Any person willfully making any false representation as being a facility manager is guilty of a misdemeanor.
(e) In facilities with a licensed capacity of 13 or more children, one employee shall be designated by the administrator to have primary responsibility for planned activities, and shall be given assistance as necessary to ensure that all children participate in accordance with their needs, interests, and abilities.
(1) Such employee shall develop, organize, implement, and evaluate the facility activity program, and shall possess the following qualifications:
(A) Completion of or enrollment in a related education or training program.
(B) Six months' experience in organizing and providing planned activities.
(f) The licensee of a group home providing care and supervision to children diagnosed by a physician, psychiatrist, psychologist or licensed clinical social worker as mentally disordered shall make provision for at least monthly consultation from a psychiatrist, or clinical psychologist, or licensed clinical social worker regarding the program of services.
(1) The licensee shall maintain on file copies of reports signed by any such consultant, noting the types and hours of services provided.
(g) The licensee of a group home providing care and supervision to children diagnosed by a physician, psychiatrist or psychologist as developmentally disabled shall make provision for at least monthly consultation from a qualified mental retardation professional regarding the program of services.
(1) The licensee shall maintain on file copies of reports signed by any such consultant, noting the types and hours of services provided.
(h) The licensee shall develop, maintain, and implement a written plan for the supervision, evaluation, and training of all child care staff.
(1) The child care staff training plan, as specified in Sections 84065(i) and (j) shall be incorporated in the group home's program statement.
(2) The training plan shall address the initial 24 hour training for newly hired child care staff.
(A) When the training plan includes job shadowing activities as described in Section 84065(i)(1), the following shall be included in the training plan:
1. Specific activities;
2. Job classification of the individual being shadowed;
3. Time spent on each activity; and
4. Skill to be developed through each job shadowing activity.
(3) The training plan shall address the annual training for newly hired and existing child care staff.
(4) The training plan shall include for each training session the following:
(A) Course title and subject matter;
(B) Learning objectives and activities;
(C) Number of hours per training session;
(D) Qualification of the trainer; and
(E) Training evaluation.
1. Each session shall include an evaluation of the trainer and course content to determine if the training is meeting the needs of child care staff.
(5) The training plan shall be appropriate for the client population and the training needs and skill level of child care staff.
(A) The licensee shall amend the training plan, when necessary, to meet the needs of child care staff and the client population.
(6) Amendments to the staff training plan, shall be submitted to the Department within ten days of the occurrence.
(i) Notwithstanding Sections 80065(f)(1) through (6), new child care staff hired on or after July 1, 1999, shall complete a minimum of 24 hours of initial training comprised of the 8 and 16-hour training as specified in (1) and (2) below:
(1) 8-Hour Training
(A) Training shall be completed before new child care staff are:
i. left alone with children, and
ii. counted in the staff to child ratio required in Sections 84065.5 and 84065.7.
(B) Until the 8 hours of training is completed, new child care staff shall be visually supervised at all times by child care staff who meet the training requirements specified in this subsection and (2) below.
(C) A maximum of 4 hours of the training requirement may be satisfied by successful completion of job shadowing.
1. For the purpose of this regulation, job shadowing means a process whereby new child care staff follow and observe experienced facility personnel performing a specific job. The purpose of job shadowing is to gain information related to a specific job including, materials used, physical demands, necessary skills and knowledge.
2. During shadowing, the experienced facility personnel being shadowed must be performing child care duties and counted in the staff to child ratios, as required in Sections 84065.5 and 84065.7.
3. Job shadowing shall promote the development of specific skills, and shall consist of specific activities for a specific time period.
4. Successful completion of job shadowing shall be verified by a statement completed by the experienced facility personnel being shadowed affirming: a) specific activity observed; b) dates and times of shadowing; and, c) training topic listed in Section 84065(i)(3)(A) through (R) that is satisfied by the job shadowing activity.
(D) Within 7 calendar days of completion of the 8 hour training, the administrator or administrator's designee shall assess if each child care staff understands and can apply the training.
1. The assessment may include observation of performance, post-testing or demonstrated hands-on competency.
2. The assessment shall be documented in each child care staff personnel record.
3. When the administrator or administrator's designee determines a child care staff does not understand and cannot apply the training, retraining is required.
(2) Sixteen hours of training shall be completed by new child care staff within 90 days of hire.
(A) New child care staff who work a maximum of 20 hours per week shall complete the additional minimum 16 hours of training within 180 days of hire.
(B) Within 30 days of completion of the 16 hour training, the administrator or administrator's designee shall assess if each newly hired child care staff understands and can apply the training.
1. The assessment may include observation of performance, post-testing or demonstrated hands-on competency.
2. The assessment shall be documented in each child care staff personnel record.
3. When the administrator or administrator's designee determines a child care staff does not understand and cannot apply the training, retraining is required.
(3) Training shall include, at a minimum, all of the following topics. The licensee shall determine how much time is spent on each topic and shall ensure that child care staff have appropriate skills necessary to supervise the children in care.
(A) Overview of the client population served by the group home;
(B) Facility's program and services, including program philosophy, activities and community resources;
(C) Facility's policies and procedures, including reporting requirements to the Department and as a mandated child abuse reporter;
(D) Child care workers' job description, including roles and responsibilities;
(E) Child care workers' self awareness;
(F) Role of other facility personnel in service delivery, including case staffing, and the role and responsibilities of the onsite staff member designated to apply the reasonable and prudent parent standard as specified in Section 84065 (b)(1):
(G) Discipline policies and procedures;
(H) Disaster response;
(I) Medical emergency response;
(J) Teamwork and interpersonal communication among facility personnel and clients and client family members;
(K) Teamwork and intra-facility communication;
(L) The role of placement workers;
(M) Medication procedures, assistance with medication, universal precautions, recognition of early signs of illness and the need for professional assistance, and other health related issues, including oversight and monitoring of psychotropic medications for children in foster care and related topics specified in Section 16501.4(d) of the Welfare and Institutions Code;
(N) Group home children's adjustment to group care;
(O) Housekeeping and sanitation principles; principles of nutrition, food preparation and storage and menu planning;
(P) California Code of Regulations, Title 22;
(Q) Availability of community services and resources; and
(R) Recreation activities and resources.
(S) A child's rights as specified in Welfare and Institutions Code section 16001.9 and Section 84072, including a child's right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and gender expression, mental or physical disability, or HIV status.
(T) Instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and gender expression, and best practices for providing adequate care to lesbian, gay, bisexual and transgender children in out-of-home care.
(U) The facility's policies and procedures concerning when and how to involve law enforcement in response to an incident involving a child residing in the facility.
1. The training shall include the right of children in foster care to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person, or as a last resort after other diversion and de-escalation techniques have been utilized; and to not have law enforcement intervention used as a threat or in retaliation against the child.
(V) A child's right to receive sexual and reproductive health care and information.
(W) A child's right to have their sensitive health information kept confidential.
(X) The duties and responsibilities of the assigned case management worker and the licensee to ensure that children can obtain sexual and reproductive health services and information.
(Y) Guidance about how to engage and talk with children about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, age or developmentally appropriate, trauma informed, and strengths based.
(Z) Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.
(4) The training requirement shall be satisfied by successful completion of course work conducted in a workshop, seminar, classroom setting, individual or small group setting.
(A) Proof of successful completion of course work shall be limited to official grade slips or transcripts from colleges or adult education departments; or certificates or signed documentation issued by bona fide educational institutions or organizations, or licensee associations, or courses offered or approved by accredited educational institutions, or qualified individuals who possess the necessary skills, knowledge and experience to train others in a particular subject area.
1. A qualified individual shall possess: a) a master's degree in a behavioral science from an accredited college or university and one year experience as an administrator, social worker, child care staff, or independent contractor providing direct social work activities in a group home; or, b) a master's degree and one year of work experience with the client population or a bachelor's degree and two years of work experience with the client population; or, c) a licensed mental health professional, as defined in California Code of Regulations Title 9, Chapter 12, Section 1901(p) or, d) a certificate or credential from an accredited course of study or educational institution in the subject matter for which the individual will be providing training; e) or, an individual who has provided training to group home child care staff for three years and has at least three years work experience in the subject matter of the training.
(5) Documentation of successful completion of training shall be maintained in the personnel record for each child care staff.
(6) The 24 hour Initial training is in addition to first aid and CPR training, and other training as required in Sections 84065.1, and 84365.
(A) Initial 24 hour training does not apply to child care staff only working in community treatment facilities governed by Title 22, Division 6, Chapter 5, Subchapter 1 who have successfully completed the training required in Section 84165(f), and child care staff only working in group homes that care for children under the age of six years governed by Title 22, Division 6, Chapter 5, Subchapter 2 who have successfully completed training required in Section 84265(h).
(j) Annual Training
(1) Notwithstanding Sections 80065(f)(1) through (6), all child care staff shall complete a minimum of 20 hours of annual training, except as specified in (2) below.
(A) At least 5 hours of the annual training shall consist of course work from an entity other than the group home such as an accredited educational institution, workshops, seminars, or other direct training provided by a qualified individual, who meets the requirements specified in Section 84065(i)(4)(A)1, who is not affiliated with the group home licensee.
(2) Notwithstanding Section 80065(f)(1) through (6), newly hired child care staff, hired on or after July 1, 1999, shall complete a minimum of 16 hours of annual training within the first 12 months of employment, for a total of 40 hours of initial and annual training. After the first 12 months of employment, child care staff shall comply with (1) above.
(A) At least 4 hours of the annual training shall consist of course work from an entity other than the group home such as an accredited educational institution, workshops, seminars, or other direct training provided by a qualified individual who meets the requirements specified in Section 84065(i)(4)(A)1., who is not affiliated with the group home licensee.
(3) Training may include, but is not limited to, the following topics:
(A) Neglect/abuse issues;
(B) Attachment issues;
(C) Behavior problems/psychological disorders;
(D) Mental health/behavioral interventions;
(E) Developmental disabilities;
(F) Substance abuse issues;
(G) Cultural diversity;
(H) Child and adolescent development;
(I) Child empowerment;
(J) Discharge and emancipation;
(K) Importance of sibling and family relationships;
(L) Placement agencies and the placement process;
(M) Needs and service plan/treatment planning and review;
(N) Employee training handbook; and
(O) Topics listed in Sections 84065(i)(3)(A) through (Z).
(4) Training topics shall be appropriate for the client population and services provided by the facility.
(A) A portion of this training shall address oversight and monitoring of psychotropic medications for children in foster care and related topics specified in Section 16501.4(d) of the Welfare and Institutions Code.
(5) The training requirement may be satisfied by successful completion of course work conducted in a workshop, seminar, or classroom setting, individual or small group setting.
(A) Proof of successful completion of course work shall be limited to official grade slips or transcripts; or, certificates or signed documentation issued by colleges, or adult education departments, bona fide educational institutions or organizations, or licensee associations, or courses offered or approved by accredited educational institutions, or qualified individuals who possess the necessary skills, knowledge and experience to train others in a particular subject area.
1. The qualified individual shall meet the requirements specified in Section 84065(i)(4)(A)1.
(6) Documentation of successful completion of training shall be maintained in the personnel record for each child care staff.
(7) Annual training is in addition to first aid and CPR training, and other training as required in Sections 84065.1 and 84365.
(A) Annual training does not apply to child care staff only working in community treatment facilities governed by Title 22, Division 6, Chapter 5, Subchapter 1 who have successfully completed the training required in Section 84165(f), and child care staff only working in group homes that care for children under the age of six years governed by Title 22, Division 6, Chapter 5, Subchapter 2 who have successfully completed the training required in Section 84265(h).
(k) The licensee shall develop, maintain and implement a written plan for the training of facility managers.
(1) The facility manager training plan shall be incorporated in the group home's program statement.
(2) The training plan shall include the following for each training session:
(A) Course title and subject matter;
(B) Learning objectives and activities;
(C) Number of hours per training session;
(D) Qualifications of the trainer; and
(E) Training evaluation.
1. Each session shall include an evaluation of the trainer and course content to determine if the training is meeting the needs of facility personnel acting as facility managers.
(3) The training plan shall be appropriate for the client population and shall consider the training needs and skill level of staff.
(A) The licensee shall amend the training plan, as necessary, to meet the needs of facility personnel acting as facility managers and the client population.
(4) Amendments to the staff training plan, shall be submitted to the Department within ten days.
(5) Training shall include, but not be limited to, the following. The licensee may determine how much time is spent on each topic:
(A) Interaction with the Department, including inspection authority;
(B) Licensee appeal rights; and
(C) Interaction with placement agencies, neighbors, mental health agencies, law enforcement, medical/emergency personnel, client family members.
(6) The training requirement may be satisfied by successful completion of course work conducted in a workshop, seminar, or classroom setting, individual or small group setting.
(A) Proof of successful completion of course work shall be limited to official grade slips or transcripts; or, certificates or signed documentation issued by colleges, or adult education departments, bona fide educational institutions or organizations, or licensee associations, or courses offered or approved by accredited educational institutions, or qualified individuals who possess the necessary skills, knowledge and experience to train others in a particular subject area.
1. The qualified individual shall meet the requirements specified in Section 84065(i)(4)(A)1.
(7) Documentation of successful completion of training shall be maintained in the personnel record for each staff member.
(8) Facility manager training is in addition to first aid and CPR training, and other training as required in Sections 84065.1 and 84365.
(l) All employees shall be given a copy of the job description specified in Section 84066(b)(1) which is relevant to their duties, and shall have access to all other job descriptions.
(m) The staff assignment information specified in Section 84066(b)(2) shall be provided to all applicants during interviews for employment; to all staff during orientation or when changes are made which affect job assignments; and upon request to placement agencies.
(n) Upon employment, the group home shall make available for review by all group home personnel, an employee training handbook that shall include the following: facility's program philosophy; facility's policies and procedures; disaster response procedures; law enforcement contact procedures; lines of authority and communication; Title 22 regulations; and reporting requirements.
(1) The employee training handbook shall be maintained at the facility and updated as needed.
(o) Upon employment, staff shall receive copies of the removal and/or discharge policies and procedures specified in Section 84068.4(a); of the discipline policies and procedures specified in Section 84072.1(a), and of the complaint procedures specified in Section 84072.2(a).
(p) Physician reports from general practitioners or specialists may be required after licensure if the licensing agency has reason to believe that a licensee's or staff member's physical and/or mental health is not adequate to carry out responsibilities under these regulations.
(1) The licensing agency shall provide the licensee with a written explanation of the need for any additional report.

Credits

Note: Authority cited: Sections 1522.41(j) and 1530, Health and Safety Code; and Section 16521.5(k), Welfare and Institutions Code. Reference: Section 51, Civil Code; Sections 1501, 1522.4, 1522.44, 1531 and 1562, Health and Safety Code; and Sections 362.05, 16001.9, 16501.4(d) and 16521.5, Welfare and Institutions Code.
History
1. Relettering of former subsections (d)-(j) to subsections (e)-(k) and new subsection (d) filed 2-11-87; effective thirtieth day thereafter (Register 87, No. 7).
2. Change without regulatory effect correcting cross-references in subsections (c) and (d)(2)(B) filed 5-23-88; operative 5-23-88 pursuant to Section 100, Title 1, California Code of Regulations (Register 88, No. 22).
3. Amendment of subsections (b), (d) and (h)(1) filed 7-26-91; operative 8-26-91 (Register 91, No. 51).
4. Amendment of subsections (c) and (d)(2)(B) and new subsections (l) and (l)(1) filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
5. New subsections (d)(3)-(d)(3)(B), amendment of subsection (h), repealer of subsections (h)-(h)(2)(F), new subsections (h)(1)-(k)(8) and (n) and relettering of former subsections (i), (j), (k) and (l) to new subsections (l), (m), (o) and (p), respectively, filed 6-28-99 as an emergency; operative 6-28-99 (Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-27-99 pursuant to section 73, chapter 311, Statutes of 1998 or emergency language will be repealed by operation of law on the following day.
6. New subsection (d)(4) 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.
7. Certificate of Compliance as to 6-28-99 order, including further amendment of section, transmitted to OAL 12-14-99 and filed 1-26-2000 (Register 2000, No. 4).
8. New subsection (d)(4) 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.
9. Certificate of Compliance as to 3-9-2000 order transmitted to OAL 4-12-2000 and filed 5-24-2000 (Register 2000, No. 21).
10. Amendment of subsections (i)(6), (j)(7) and (k)(8) 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.
11. 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).
12. Change without regulatory effect amending subsections (i)(6), (j)(7) and (k)(8) filed 1-24-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 4).
13. Amendment of subsection (i)(3), new subsection (i)(3)(S), amendment of subsection (j)(3)(O) and amendment of Note filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
14. New subsection (i)(3)(T) and amendment of subsection (j)(3)(O) filed 8-24-2017; operative 10-1-2017 (Register 2017, No. 34).
15. Amendment of subsection (i), new subsection (i)(3)(U) and amendment of subsections (j)(3), (j)(3)(O) and (n) filed 8-28-2017; operative 10-1-2017 (Register 2017, No. 35).
16. Amendment of subsection (i)(3)(M), new subsection (j)(4)(A) and amendment of Note filed 5-20-2020; operative 7-1-2020 (Register 2020, No. 21).
17. New subsections (b)(1)-(b)(1)(A), amendment of subsections (i)(3)(F) and (i)(3)(S), new subsections (i)(3)(V)-(W), amendment of subsection (j)(3)(O) 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.
18. Amendment of subsections (i)(3)(S)-(T) and new subsection (i)(3)(U)1. filed 3-1-2024; operative 7-1-2024 (Register 2024, No. 9).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 22, § 84065, 22 CA ADC § 84065
End of Document