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Children`s Residential Care Update March 2003
This is our first 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.
Fire Safety Requirements for Facilities with Bedridden Clients
We reported in the last update that we were consulting with the Department of Developmental Services and the Office of the State Fire Marshal to coordinate development of regulations for bedridden clients, as required by SB 1896 (Statutes of 2000). The Office of the State Fire Marshal is completing draft regulations, which must be in place first so that the Community Care Licensing Division (CCLD) may incorporate them by reference into licensing regulations. Upon completion, these regulations will allow bedridden clients to be admitted to, and remain in, residential community care facilities that secure and maintain an appropriate fire clearance. We anticipate that these regulations will be adopted by October 2003.
One set of State Fire Marshal regulations will apply to all residential facilties. CCLD regulations for bedridden clients will be developed for children's, adult and senior residential care categories. As a result of two recent fatal fires in Residential Care Facilities for the Elderly, both the Department and the State Fire Marshal currently are looking closely at the protections in place for clients with a wide range of disabilities, to best ensure their safety in the event of fire.
Waivers and Exceptions
As we reported in the last update, we identified certain CCLD regulations for which waivers and exceptions are issued as a matter of course whenever the appropriate criteria are met. In an effort to facilitate more efficient operations for providers and our field staff, we are revising regulations to state that such waivers or exceptions will not be required when the appropriate criteria are met. They will be implemented as emergency regulations.
Anti-Discrimination Protections for License Applicants
We have become aware that not all CCLD regulations clearly reflect existing state and federal anti-discrimination laws, and that the Foster Family Agency regulations do not currently include an anti-discrimination policy regarding applicants for certification. We have developed draft regulations to provide clear and consistent direction for all categories. They are currently undergoing internal review. We anticipate that they will be effective by October 2003.
SOUTHERN CALIFORNIA FOSTER FAMILY AGENCY CONFERENCE
The California Alliance of Child and Family Services and CCLD co-sponsored the sixth annual conference for Southern California Foster Family Agencies (FFAs) on January 16-17, 2003. The conference was held at the Four Points Sheraton Hotel in Monrovia, CA. The conference provided an excellent opportunity for care providers and licensing staff to share information about issues affecting FFAs. The conference theme was "Making the Difference". Approximately 230 providers attended the conference. Funds generated by the conference provided twenty-five scholarships for foster youth who were nominated by their respective Foster Family Agencies. Each of the scholarships awarded was in the amount of $750.
SOUTHERN CALIFORNIA GROUP HOME CONFERENCE
The California Alliance of Child and Family Services and CCLD co-hosted the first Group Home Conference on February 20-21, 2003. The conference was held at the Four Points Sheraton Hotel in Monrovia, CA. The theme of the conference was "Our Children, Our Future". There were approximately 240 providers in attendance. The funds raised at this conference will be donated to a variety of non-profit organizations which provide direct services to foster youth. Based on the positive responses from those in attendance, we anticipate that this conference will become an annual event.
FIRE SAFETY REMINDER
Often you will read about a fire within your community and the devastation to life and property that happens in a matter of minutes. In recent weeks, there have been two fires in licensed facilities; one in Northern California and one in Southern California. The following items should be reviewed as part of any facility safety check.
- Make sure that all smoke detectors are operating. Batteries should be replaced every six months.
- Fire extinguishers should be checked for expiration dates or for annual maintenance. Staff should be aware of the location of the extinguishers and have knowledge of how to use them.asdfasdfasdf asdf asdf
- Maintain a list of residents that need special assistance in case of a fire. Be sure that all staff are aware of these residents and are trained in your evacuation procedures.
- It is important to exercise caution when operating any type of portable or space heater. Portable heaters must be UL listed or approved. When purchasing portable heaters, select a product that has a type of coating that will not get hot to the touch. Guidelines for safe use include:
- Keep portable heaters at least three feet away from curtains, bed linens or any combustible materials.
- Do not use extension cords (including power strip cords) with portable heaters.
- Heaters must not be used to dry articles of clothing or other items
- Place heaters on the floor only and not on top of tables or other pieces of furniture.
- Be sure heaters are securely positioned so they cannot topple over. Some newer models have an automatic shut-off when this occurs.
- Monitor the facility residents' ability to safely operate the equipment, such as turning it off and on and not placing flammables on top of or near the device.
- The licensee must ensure that the heater does not become so hot when operating as to cause a burn/injury threat to the resident.
For further fire safety information, contact your local fire department or the Office of the State Fire Marshal at (916) 445-8200 or visit their website at http://osfm.fire.ca.gov/.
UNNECESSARY DUPLICATE BACKGROUND CHECKS
Duplicate background checks continue to be a significant factor in delaying the CCLD's Criminal Background Check Bureau (CBCB) decisions. Duplicate background checks unnecessarily increase the volume of paperwork for the Department of Justice (DOJ) and CDSS in addition to increased costs.
To help speed the process, please ensure that individuals referred for clearance have not previously completed the background check process administered by CDSS. Employers should contact their respective Community Care Licensing Regional Office to determine if the individual had previously completed a background check instead of reprinting a person already cleared or exempted. If the person is already cleared, the licensee should instead complete a transfer request. Regional Office personnel have the capability to update the Licensing Information System (LIS) with clearance transfer and facility relocation information.
ELECTRONIC MAIL RESPONSES
DOJ is now providing state clearance information to employers via e-mail. The email process will shorten the overall processing time because the notification won't be dependent on physical mail delivery. If you have want to use the email service, you should apply to DOJ. Applications for the email codes may be accessed on the web at www.caag.state.ca.us/fingerprints/publications/livescan.pdf. Licensees who do not have access to the Internet may contact Ulric Bellaire at (916) 227-5226.
LIVE SCAN FORM
The Request for Live Scan Service form (LIC 9163) is a form that must accompany any individual who requires fingerprinting. The form was revised in April 2002; the new version specifies the entry of a facility number on line #6. Please ensure that applicants are using the most current version of the form or if the old form is used, the facility number is used in line #6 on the form. Including the facility number will reduce the number of errors received at CBCB and ensure the quickest turnaround time for background checks. The new forms are available on the web at.
PREPAREDNESS FOR NATIONAL EMERGENCIES
Care providers are responsible for the safety of all persons in care during emergencies. The United States Department of Homeland Security has prepared a short publication entitled "Preparing Makes Sense. Get Ready Now". It contains useful information about preparing for your safety in the event of a terrorist event. The brochure and other preparedness information can be found at the U.S. Department of Homeland Security website at www.ready.gov. We must all consider the steps to take if a national emergency occurs. This brochure will help you with your planning.
COMPLIANCE WITH FEDERAL LABOR LAWS
In past updates I have reported to you on the investigations of provider compliance with federal labor laws being done by the United States (U.S.) Department of Labor, Wage and Hour Division. We have met a number of times with representatives of this Division and are in agreement with the need to distribute information on provider responsibilities in this area. I am enclosing a Fact Sheet on how to contact the U.S. Department of Labor for information and various compliance tools which are available at their website. A live operator is available to respond to your questions and bilingual service is also available. In future updates, we will feature a compliance tool which focuses on those areas most problematic for licensees of residential facilities. The compliance tools and information on compliance assistance, training seminars and telephone and on-site consultations are available on the U.S. Department of Labor website at www.dol.gov.
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