In addition to Section 80001, the following shall apply.
(a)(1) "Age or developmentally appropriate" means as defined in Welfare and Institutions Code section 362.05(c)(2).(2) "Assistant Caregiver" means an adult who assists the licensee of a specialized small family home caring for four or more children in the administration of specialized in-home health care.(c)(1) "Child" means a person who is under 18 placed with a caregiver in a licensed small family home by a regional center, a parent or guardian, or a public child placement agency with or without a court order. "Child" also means a person who is:(A) 18 or 19, meets the requirements of Welfare and Institutions Code section 11403, and continues to be provided with care and supervision by the caregiver in the home, or(B) 18-22 as specified in the definition for "child with special health care needs" under subsection (c)(2) and continues to be provided with care and supervision by the caregiver in the home.(2) "Child with Special Health Care Needs" means a person who is 22 years of age or younger, who meets the requirements of Welfare and Institutions Code section 17710, subsection (a) and all of the following conditions: (A) Has a medical condition that requires specialized in-home health care and(B) Is one of the following: 1. A child who has been adjudged a dependent of the court under Welfare and Institutions Code section 300.2. A child who has not been adjudged a dependent of the court under Welfare and Institutions Code section 300, but who is in the custody of the county welfare department.3. A child with a development disability who is receiving services and case management from a regional center.(d)(2) "Disability" means a condition which makes a person developmentally disabled, mentally disordered or physically handicapped and for whom special care and supervision is required as a result of their condition.(f)(1) "Family Health Care" means health care which does not require the skills of qualified technical or professional personnel and is provided to a child by the foster parent in accordance with Section 83075(e). When these requirements are met, the family health care that may be provided includes, but is not limited to the following: (A) Routine administration of medications such as the administration of suppositories, ointments, lotions, pills, enemas or medications given by liquid medication dispenser, puffer, dropper or nebulizer.(B) Changing ostomy or indwelling urinary catheter bags.(C) Urine and blood glucose testing using a monitoring kit approved for home use.(D) Heart and apnea monitoring when it is simply the case of providing stimulation to the infant/child when the cardiac or respiratory rate falls below a specified rate and not a matter of interpreting a monitor pattern with the intervention based on that interpretation.(E) Assistance with procedures self-administered by older children free of severe mental or physical disabilities such as insulin injection and oxygen administration.(g)(1) "Gender Expression" means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.(2) "Gender Identity" means a person's identity based on the individual's stated gender identity, without regard to whether the self-identified gender accords with the individual's physical appearance, surgical history, genitalia, legal sex, sex assigned at birth, or name and sex, as it appears in medical records, and without regard to any contrary statement by any other person, including a family member, conservator, or legal representative. An individual who lacks the present ability to communicate their gender identity shall retain the gender identity most recently expressed by that individual. Senate Bill 179 (Atkins, Chapter 853, Statutes of 2017) also known as the Gender Recognition Act, established three equally recognized genders in California: female, male, and nonbinary.(h)(1) "Health Care Professional" means a physician or an individual who is licensed or certified under Division 2 of the Business and Professions Code to perform the necessary client care procedures prescribed by a physician. Such health care professionals include the following: Registered Nurse, Public Health Nurse, Licensed Vocational Nurse, Psychiatric Technician, Physical Therapist, Occupational Therapist and Respiratory Therapist.(2) "Health-related services" shall include, but not be limited to, medical, dental, vision, mental health, substance use disorder services, reproductive and sexual health care. This shall include abortion and contraception related services and gender affirming health care and gender affirming mental health care.(3) "Home" means a licensed small family home.(i)(1) "Individualized Health Care Plan" means the written plan developed by an individualized health care plan team and approved by the team physician, or other health care professional designated by the physician to serve on the team, for the provision of specialized in-home health care.(2) "Individualized Health Care Plan Team" means those individuals who develop an individualized health care plan for a child with special health care needs. This team must include the child's primary care physician or other health care professional designated by the physician, any involved medical team, the county social worker or regional center caseworker, and any health care professional designated to monitor the specialized in-home health care provided to the child as stated in the child's individualized health care plan. The individualized health care plan team may include, but shall not be limited to, a public health nurse, representatives from the California Children's Services Program or the Child Health and Disability Prevention Program, regional centers, the county mental health department and where reunification is the goal, the parent or parents, if available. In addition, the individualized health care plan team may include the prospective specialized licensees who shall not participate in any team determination required by Sections 83010.1(a)(1)(C) and (2)(C), and 83065.1(a)(1)(B).(l)(1) "Licensee's Family" means any relative as defined in section 80001.r.(1) any adopted children, and any person under guardianship or conservatorship, of the licensee, or the licensee's spouse, who resides in the home.(m)(1) "Medical Conditions Requiring Specialized In-Home Health Care" means, provided that care may be safely and adequately administered in the home: (A) A dependency upon one or more of the following when, but for the fact that trained foster parents may provide these services under Welfare and Institutions Code Section 17736, the skills of qualified technical or professional personnel would be required: enteral feeding tube, total parenteral feeding, a cardiorespiratory monitor, intravenous therapy, a ventilator, oxygen support, urinary catheterization, renal dialysis, ministrations imposed by tracheostomy, colostomy, ileostomy, ileal conduit, or other medical or surgical procedures or special medication regimens, including injection, and intravenous medication; or(B) Conditions such as AIDS, premature birth, congenital defects, severe seizure disorders, severe asthma, bronchopulmonary dysplasia, and severe gastroesophageal reflux when, because their condition could rapidly deteriorate causing permanent injury or death, the child requires in-home health care other than, or in addition to, family health care.(n)(1) "Needs and Services Plan" means a time-limited, goal-oriented written plan implemented by the licensee which identifies the specific needs of an individual child, including but not limited to the items specified in section 83068.2, and delineates those service needs necessary in order to meet the child's identified needs.(2) "Nonbinary" is an umbrella term for people with gender identities that fall somewhere outside of the traditional conceptions of strictly either female or male. People with nonbinary gender identities may or may not identify as transgender, may or may not have been born with intersex traits, may or may not use gender-neutral pronouns, and may or may not use more specific terms to describe their genders, such as agender, genderqueer, gender fluid, Two Spirit, bigender, pangender, gender nonconforming, or gender variant.(o)(1) "On-Call Assistant" means an adult who is available to respond to a specialized small family home in case of emergency, but who need not otherwise be physically present at the home.(p)(1) "Physical Restraining Device" means any physical or mechanical device, material, or equipment attached or adjacent to a child's body which the child cannot remove easily and which restricts the child's freedom of movement. Restraining devices include leg restraints, arm restraints, soft ties or vests, wheel chair safety bars, and full length bedrails.(2) "Psychotropic medication(s)" are those medications as defined in Sections 369.5(d) and 739.5(d) of the Welfare and Institutions Code.(r) "Reasonable and prudent parent" or "reasonable and prudent parent standard" means as defined in Welfare and Institutions Code section 362.05(c)(1).(s)(1) "Self-administer" means the act of a "child" administering or giving themselves medicine or injections as specified in Sections 83075.1, Emergency Medical Assistance, Injections, and Self-Administration of Medications.(2) "Sexual Orientation" describes a person's emotional, romantic or sexual attraction to others, which may be shaped at an early age.(3) "Specialized In-Home Health Care" means health care, other than family health care, identified by the child's physician as appropriately administered in the home by a health care professional or by a licensee or staff trained by health care professionals.(4) "Specialized Small Family Home" means a licensed small family home which provides specialized in-home health care to children.(t)(1) "Transgender" means a person whose gender identity differs from the person's assigned or presumed sex at birth.Cal. Code Regs. Tit. 22, § 83001
Note: Authority cited: Sections 1502.8, 1507.25, 1530 and 1530.91, Health and Safety Code; and Section 17730, Welfare and Institutions Code. Reference: Sections 1439.50, 1501, 1502, 1507, 1507.2, 1530, 1530.9 and 1531, Health and Safety Code; and Sections 362.04, 362.05, 369.5(d), 739.5(d), 11403, 16001.9(a), 17710, 17731(c), 17732(b) and 17732.1, Welfare and Institutions Code.
Note: Authority cited: Sections 1502.8, 1507.25 and 1530, Health and Safety Code; and Section 17730, Welfare and Institutions Code. Reference: Sections 1501, 1502, 1507, 1507.2, 1530, 1530.9 and 1531, Health and Safety Code; and Sections 362.04, 362.05, 369.5(d), 739.5(d), 11403, 16001.9(a), 17710, 17731(c), 17732(b) and 17732.1, Welfare and Institutions Code.
1. Change without regulatory effect amending lettering and correcting cross-references filed 5-25-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
2. Amendment of section and Note filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
3. Amendment of subsection c.(1), new subsections c.(1)(A)-(B) and amendment of subsections c.(2) and c.(2)(B)1.-2. and Note filed 2-6-2012; operative 3-7-2012 (Register 2012, No. 6).
4. New subsections g.(1)-(2) and s.(1), subsection renumbering, new subsection t.(1) and amendment of Note filed 8-24-2017; operative 10/1/2017 (Register 2017, No. 34).
5. New subsection (p)(2) and amendment of Note filed 5-20-2020; operative 7/1/2020 (Register 2020, No. 21).
6. New subsections (a)(1) and (h)(2), subsection renumbering, amendment of subsection (r) 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.
7. New subsection (s)(1), subsection renumbering and amendment of NOTE filed 5-16-2023; operative 7/1/2023 (Register 2023, No. 20).
8. Amendment of subsections (g)(1)-(2), (m)(1)(B), new subsection (n)(2), amendment of subsections (s)(2) and (t)(1) and amendment of Note filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).