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Children`s Residential Care Update July 2003
This is our second Children's Residential Care Update for 2003. It also marks the tenth year of our efforts to keep the children's residential care community informed about licensing programs and services. The Updates continue to be an important method for sharing information. We appreciate your support in sharing these Updates with those in your organization and others interested in children's residential care issues.
REGULATIONS UPDATE
The following regulation changes for children's residential care categories are currently in process. If you have questions about any of the proposed changes, please contact Carole Jacobi, Chief of the Policy Development Bureau, at (916) 324-4312. For copies of proposed regulations or more information about hearing schedules, please contact the California Department of Social Services' (CDSS) Office of Regulations Development at (916) 657-2586 or visit their website at: www.dss.cahwnet.gov/ord/default.htm.
Background Check Procedure Changes
We are implementing several important changes to the background check process. Emergency regulations which address these changes will become effective on July 16, 2003. The regulations will require that all individuals are determined to have no criminal history by the Department of Justice (DOJ), or receive an approved criminal record exemption from the Department of Social Services before being allowed in a licensed facility. Enclosed is a memorandum which outlines additional changes to the background check process. It is important to understand that no changes have been made regarding who is required to be background checked.
CRIMINAL RECORD CLEARANCE INFORMATION ON CCLD WEBSITE
To coincide with the new regulations requiring individuals to obtain a State background check clearance prior to working in a licensed facility, the Community Care Licensing Division has added a new feature on our website which allows individuals to determine whether a Department of Justice criminal record clearance has been processed. The information provided online is regarding an individual's DOJ background check clearance only. Information regarding Federal Bureau of Investigation clearances, Child Abuse Central Index clearances, fingerprint clearance delays and rejections by DOJ will not be posted on this site. Clearances granted only after Department review will not be listed on the website. In these cases, CCLD will send a clearance letter to the individual, as is our current practice.
The DOJ clearance information on our website is updated daily and remains available for thirty days. This site will allow licensees almost immediate verification of their employee's DOJ clearance and allows the employee to begin work. The site can be accessed by visiting www.ccld.ca.gov/ and selecting the first button entitled DOJ Clearance Listing.
LIVESCAN INFORMATION
We continue to encourage applicants and licensees to submit their fingerprint and Child Abuse Central Index check requests through Live Scan, as the system is faster and more accurate than traditional methods. The Department contracts with Sylvan/Indentix Fingerprinting Centers to provide Live Scan service for our applicants at 15 licensing offices and 40 additional sites throughout the state. Sylvan/Identix offers same day or next day service by calling 1-800-315-4507 to schedule an appointment. Applicants should have their Request for Live Scan form (LIC 9163) completed, with special care given to the inclusion of the nine digit facility number, entered on line 6 in the section that asks for "Your Number". The inclusion of a facility number will reduce the number of errors received at the Caregiver Background Check Bureau and ensure the quickest turnaround time of background checks. Applicants for background checks can contact their prospective employer or the local licensing office if they do not know the facility number.
You can find more information on Live Scan and the Request for Live Scan Service form (LIC 9163) on our website at CCLD Forms. You can also order the LIC 9163 from the Department Warehouse, by mail or fax. You must include your name, phone number, delivery address, and the name and number of the form (in this case, Request for Live Scan Services, LIC 9163). Our Warehouse address is: CDSS Warehouse, P.O. Box 980788, West Sacramento, CA 95798-0788. The fax number is (916) 371-3518. Live Scan locations can be found on our website.
NEW CAREGIVER BACKGROUND CHECK INFORMATION FORM
A new licensing form, Caregiver Background Check Information (LIC 995F) is now available. The form provides information about what a background check is, what happens if a person has a criminal conviction, how to get a criminal record exemption, how long the exemption process takes and public disclosure of criminal record exemption information. Copies of the Caregiver Background Check Information form (LIC 995F) will be provided to all persons who contact a Live Scan site, and are also available on our website at CCLD Forms.
CAREGIVER BACKGROUND CHECK BUREAU CHANGES
In order to provide enhanced exemption case processing, the Caregiver Background Check Bureau has formed an additional Exemption Section. Additionally, the telephone call router system has been modified to provide callers with the names and telephone numbers of each exemption analyst. Questions about exemption case status can now be directed to the exemption analyst assigned to the case by calling (916) 274-6200.
COMPENSABLE TIME - U.S. DEPARTMENT OF LABOR FACT SHEET #22
The United States (U.S.) Department of Labor, Wage and Hour Division is responsible for the administration of the Fair Labor Standards Act (FLSA) in the area of wages and compensation. In a joint effort with the Wage and Hour Division, each of our subsequent updates will feature one in a series of fact sheets providing general information on various topics. According to an investigative survey conducted by the Wage and Hour Division, appropriate compensation to staff for time worked and what constitutes time worked are the areas most misunderstood by employers, especially those employing staff on duty for more than 24 hours.
Enclosed is a fact sheet entitled Hours Worked Under the Fair Labor Standards Act (FLSA) discussing what constitutes compensable time under the FLSA. Additional information can be obtained from the Department of Labor website at www.dol.gov or by calling their toll-free information service number, (866) 889-5627.
MANDATED CHILD ABUSE REPORTER ONLINE TRAINING
The Child Abuse Mandated Reporter Project, which is funded by the California Department of Social Services, Office of Child Abuse Prevention and conducted by the California Institute on Human Services, Sonoma State University, works to provide training for mandated child abuse reporters so that they can carry out their responsibilities properly. The project is now offering a Child Abuse Mandated Reporting on-line course.
By taking this course, you will learn about the requirements of the law, how to spot evidence of child abuse, how to report it, and what happens after a report is filed. The course consists of a pre-test, three lessons, and a post-test. The on-line course is located on the Internet at www.cattacenter.org/mandated/. For questions regarding the Child Abuse Mandated Reporting on-line course, please call Barbara Thorsen at (707) 664-3325.
SUMMER SAFETY FOR CHILDREN
Keeping the children in your care safe is important all year long, however, the following risks are increased during the summer months, and require special attention:
Water Safety
Drowning is a major cause of death among children under five years of age in California. It can happen quickly and silently in as little as two inches of water. Extra supervision is important when children play near water - not just around pools and hot tubs, but also near buckets, wading pools, and toilets.
Licensing regulations require that providers use covers or fences to make pools and other bodies of water inaccessible to children. Licensing policy requires that fencing must be permanently in place to make sure the pool or body of water is not accessible. Any fence used to prevent access to a swimming pool must be inspected and approved by licensing staff before its use. Approved mesh fences that meet licensing standards for swimming pool fencing may be used provided that the licensee keeps the fence in place whenever licensed care is provided, and so long as the mesh fence makes the swimming pool inaccessible to children as determined by licensing staff. Please review the enclosed policy memo dated May 11, 2001 for additional information about using mesh fences.
Children in Vehicles
Licensees are responsible for providing supervision to children in facilities at all times. This responsibility includes never leaving children unattended in motor vehicles. On a warm, sunny day, even at temperatures as mild as 60 degrees Fahrenheit, a closed vehicle can heat up to dangerous levels within minutes, and children left in this environment can face serious injury or even death. Because heat affects children more quickly and severely than adults, they are especially vulnerable
To address these dangers, the Unattended Child in Motor Vehicle Safety Act (also known as "Kaitlyn's Law") was incorporated into the California Vehicle Code (Division 6.7), and became effective on January 1, 2002. This law makes it an infraction, punishable by a fine of $100, for a parent, guardian or other person responsible for a child six years of age or younger to leave that child in a motor vehicle without supervision.
Please be mindful of these increased summertime risks to children, and take the precautions necessary and provide the supervision required to keep our children safe.
STATEWIDE CHILDREN'S RESIDENTIAL PROGRAM MANAGEMENT APPOINTMENTS
I am pleased to announce the following new management appointments in the Statewide Children's Residential Care Licensing Program:
Angela Valdez has been appointed as the Central California Children's Residential Program Regional Office Manager, and will serve Monterey, San Benito, Santa Clara and Santa Cruz counties. Angela joined the Community Care Licensing Division in 1991. Angela has held numerous positions within the Division, most recently as a member of the Technical Support Program, and brings a wealth of experience and knowledge to her new position.
Barbara Eaton is the new Northern California Children's Residential Program Regional Office Manager. She will be responsible for Amador, Calaveras, El Dorado, Nevada, Placer, Sacramento, San Joaquin, Stanislaus, Tuolumne and Yolo counties. Barbara has returned to the Community Care Licensing Division after serving for several years in the Children and Family Services Division Operations Bureau. Barbara was a natural choice to head the Children's Residential Program in Northern California because of her extensive management and prior CCLD experience.
Andy Ahpo has been appointed to the position of Assistant Program Administrator in the Statewide Children's Residential Care Licensing Program. Andy's career includes serving as the Chief of the Child Care Ombudsman Program and as Chief of the Audits and Investigations Branch. Before joining the Children's Residential Program, Andy was the Chief of the Caregiver Background Check Bureau. In his new capacity as Assistant Program Administrator, Andy will oversee the Out-of-State Group Home Unit and the County Foster Care Liaisons program.
Please join me in welcoming Angela, Barbara and Andy to their new positions.
APPLICATION UNITS
Effective April 1, 2003, the Children's Residential Care Licensing Program established an Application Unit in each of the Regional Offices statewide. These units will ensure expeditious handling and processing of license applications and consistency in the application process. For more information, please contact your local licensing office.
SOUTHERN CALIFORNIA GROUP HOME CONFERENCE
In February 2003, The California Alliance of Child and Family Services and the Community Care Licensing Division co-hosted the first Southern California Group Home Conference at the Four Points Sheraton Hotel in Monrovia, CA. The theme of the conference was "Our Children, Our Future" and focused on foster child emancipation. The revenue raised at this conference was donated to four non-profit organizations that provide services to minors placed in out-of-home care.
A total of $10,500 was donated to United Friends of Children, which provides services to foster care youth who are in transition and emancipation phases; Community Build, which provides services to older teens who are still in Group Homes; Mount San Antonio College Peer Mentoring Program, which provides services to foster care youth who attend college; and California Youth Connection, which works with foster youth and advocates for their rights. The Department extends its best wishes for their continued success in working with foster youth.
LICENSED CHILDREN'S RESIDENTIAL CARE STATISTICS
Enclosed are the most recent statistics on licensed children's residential care facilities and capacities. Further breakouts by category and location are available. Please direct your requests to Jeff Hiratsuka, Chief, Central Operations Branch, at (916) 322-4875.
SUMMARY
If you have questions about items included in this Update or suggestions for future topics, please contact Cathleen McCoy or me at (916) 657-2346. Also, please visit our website at http://ccld.ca.gov/ to obtain copies of Updates, office locations, provider letters, regulations, or to learn more about licensing services.
Sincerely,
DAVE DODDS
Deputy Director
Community Care Licensing Division