Section 83010.1 - Limitations on Capacity for Specialized Small Family Homes(a) No more than two children with or without special health care needs shall reside even on a temporary basis in a specialized small family home, with the following exceptions: (1) A specialized small family home may accept a third child with or without special health care needs provided that the licensed capacity, as determined by the licensing agency under Section 80028 is not exceeded, and all of the following conditions are met: (A) The county social worker, regional center caseworker or authorized representative responsible for the placement of the child determines the following: 1. That in the county or, if the child is a regional center client, the regional center catchment area, in which the home is physically located, a. No other specialized small family home, foster family home or certified family home is available to meet the needs of the child without exceeding the two child limit; andb. If the child does not have special health care needs, that no other nonspecialized small family home, foster family home or certified family home is available to meet the needs of the child.(B) Each child's county social worker, regional center caseworker or authorized representative determines that the specialized small family home can meet the psychological and social needs of the child. 1. New determinations are required each time there is an increase or turnover in children and the two-child capacity limit is exceeded.(C) The individualized health care plan team for each child with special health care needs determines that the two-child capacity limit may be exceeded without jeopardizing the health and safety of the child. 1. New determinations are required each time there is an increase or turnover in children and the two-child capacity limit is exceeded.(2) Children with or without special health care needs may be accepted in excess of three children and up to the licensed capacity as determined by the licensing agency under Section 80028, if all of the following conditions are met: (A) For each child placed in excess of the two-child limit, the county social worker, regional center caseworker or authorized representative responsible for the placement of the child determines the following at the time of placement: 1. That in the county or, if the child is a regional center client, the regional center catchment area in which the home is physically located, a. No other specialized small family home, foster family home or certified family home is available to meet the needs of the child without exceeding the two-child limit; andb. If the child does not have special health care needs, that no other nonspecialized small family home, foster family home or certified family home is available to meet the needs of the child.(B) Each child's county social worker, regional center caseworker or authorized representative determines that the specialized small family home can meet the psychological and social needs of the child. 1. New determinations are required each time there is an increase or turnover in children and the two-child capacity limit is exceeded.(C) The individualized health care plan team for each child with special health care needs determines that the two-child capacity limit may be exceeded without jeopardizing the health and safety of the child. 1. New determinations are required each time there is an increase or turnover in children and the two-child capacity limit is exceeded.(D) At least one of the children in the home is receiving monitoring and case management services from a regional center. The child does not have to be a child with special health care needs.(E) The licensee is assisted by one or more assistant caregivers. 1. An assistant caregiver shall be present in the home whenever four or more children, one of which has special health care needs, are present except for those hours, including night hours, during which none of these children requires the services of a health care provider to administer specialized in-home health care as required by Section 83069.1(a)(5)(A).2. The licensee shall obtain any additional assistant caregivers determined by the licensing agency, in accordance with Sections 80065(b) through (b)(4) and after consultation with the appropriate regional centers and any appropriate individualized health care plan teams, to be required for the provision of adequate care and supervision for children with special health care needs.3. In specialized small family homes subject to Section 83010(b), the provision of an assistant caregiver shall fulfill the extra household help requirement unless the licensing agency determines that additional help is required under Section 83010.1(a)(2)(F)2.(F) An on-call assistant shall be available to respond in case of an emergency. The on-call assistant shall be available at all times four or more children are present and at least one of these children has special health care needs. 1. Each on-call assistant, when on call, shall be in addition to any assistant caregiver on duty in the home.2. On-call assistance shall be in addition to any local emergency services used by the home.3. While on call, an on-call assistant shall be capable of arriving at the home within 30 minutes.(G) The specialized small family home is of sufficient size to accommodate the needs of all children in the home. 1. Private bedrooms shall be provided for assistant caregivers and other staff who sleep at the home.2. Sections 83087(b)(1), (2), (3), (4) and (5) shall apply to bedrooms used by children of assistant caregivers or by children of other staff.3. Sections 83087(b)(3) and (4) shall apply to bedrooms used by assistant caregivers or other staff residing in the home.(b) A licensee shall not accept a child requiring in-home health care other than family health care, unless the child is a child with special health care needs.Cal. Code Regs. Tit. 22, § 83010.1
1. New section filed 5-14-97; operative 6-13-97 (Register 97, No. 20). Note: Authority cited: Section 17730, Welfare and Institutions Code; and Section 1530, Health and Safety Code. Reference: Sections 17732(a) and (b) and 17736(b), Welfare and Institutions Code; and Sections 1502(a) and 1507, Health and Safety Code.
1. New section filed 5-14-97; operative 6-13-97 (Register 97, No. 20).