Section 86170 - Participant Records(a) The licensee shall ensure that a separate, complete, and current record is maintained in the facility for each participant.(b) Each record must contain information including, but not limited to, the following: (1) Copy of important documents, including but not limited to a certified birth certificate; a social security card; an identification card and/or driver's license; a proof of citizenship or residency status (for undocumented aliens, receipt of a completed application for Special Immigrant Juvenile Status (SIJ) pursuant to 8 C.F.R. Section 204.11 or other naturalization process); death certificate(s) of parent or parents; a proof of county dependency status for education aid applications; school records; immunization records; medical records; a Health and Education Passport; a work permit; written information concerning the child's dependency case including: information about the child's family history; the child's placement history; the names, phone numbers and addresses of siblings and other relatives; the procedures for inspecting the documents described under Welfare and Institutions Code Section 827; information regarding jurisdiction termination hearings and the potential consequences of a failure to attend the participant's birth certificate, if available.(5) Date of placement in the THPP participant living unit.(6) Names, addresses, and telephone numbers of the authorized representative.(7) Name, address and telephone number of person(s) to be contacted in an emergency when the participant's authorized representative cannot be contacted.(8) A signed copy of the admission agreement specified in Section 86168.(9) Name, address and telephone number of physician and dentist, and other medical and mental health providers, if any.(10) Written consent that authorizes the licensee to obtain other than ordinary medical and dental care in an emergency when the authorized representative is unavailable.(11) Name of the participant's current employer and current phone number and address of employment.(12) Names of all persons specifically prohibited pursuant to Welfare and Institutions Code Sections 16001.9(a)(6) and (7) to take the participant out of the THPP participant living unit.(13) Religious preference and the name and address of clergyman or religious or spiritual advisor if any.(14) Medical assessment, including ambulatory status, as specified in Section 86069.(15) Record of any illness or injury requiring treatment by a physician or dentist and for which the facility provided assistance to the participant in meeting their necessary medical and dental needs.(16) A copy of the participant's needs and services plan and TILP and any modifications.(17) Record of current medications, including the name of the prescribing physician, and instructions, if any, regarding control and custody of medications.(18) A record of the continuing health needs and services received while the participant is in the THPP, including but not limited to, physical therapy and counseling.(19) Date of termination of services.(20) An account of the participant's cash resources, personal property, and valuables entrusted as specified in Section 86126.(21) The names and contact information for the participant's social worker(s), probation officer(s), attorney(s), service providers, foster youth advocates, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the child's Indian tribe to participate in the juvenile court proceeding, information that the participant is entitled to receive from the placing agency pursuant to section 16001.9(a)(11) of the Welfare and Institutions Code.(c) A copy of the participant's child(ren)'s record shall be maintained in the THPP office and staff residential unit, if applicable.(d) All information and records, including medical and mental health records as specified in Section 86172(b)(25), obtained from or regarding participants shall be confidential. (1) The licensee shall be responsible for safeguarding the confidentiality of record contents.(2) Except as specified in (e) below, or as otherwise authorized by law, the licensee and all employees shall not reveal or make available confidential information.(e) All participant records shall be available to the licensing agency to inspect, audit, and copy upon demand during normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the following requirements: (1) Licensing representatives shall not remove the following current records for current participants unless the same information is otherwise readily available in another document or format: (A) Name, address, and telephone number of the authorized representative(s) as specified in Section 86170(b)(7).(B) Name, address, and telephone number of a participant's physician and dentist, and any other medical and mental health providers, as specified in Section 86170(b)(10).(C) Medical assessment, including ambulatory status, as specified in Section 86170(b)(14).(D) Record of any current illness or injury as specified in Section 86170(b)(15).(E) Record of current medications as specified in Section 86170(b)(17).(H) Any other records containing current emergency or health-related information for current participants.(2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign and date the list upon removal of the records, and leave a copy of the list with the administrator or designee.(3) Licensing representatives shall return the records undamaged and in good order within three business days following the date the records were removed.(f) A participant's records shall be open to inspection by the participant's authorized representative(s), if any.(g) The information specified in (b)(1)-(b)(21) above must be updated as necessary to ensure the accuracy of the participant's record.(h) When the participant is transferred from the program, the original or photographic reproduction of the participant's and the participant's child(ren)'s record shall be:(1) Given to the participant's primary placing agency, and;(2) A copy to any other participant authorized representative, if applicable, and;(i) Original participant records or photographic reproductions shall be retained for at least three years following termination of service to the participant.Cal. Code Regs. Tit. 22, § 86170
Note: Authority cited: Sections 1530, 1531.15 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1507, 1530.91, 1531 and 1531.15, Health and Safety Code; and Sections 16001.9 and 16522.1, Welfare and Institutions Code; and Title 42 USC Sections 675 and 677 of the Social Security Act.
Note: Authority cited: Sections 1530, 1531.15 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1507, 1531 and 1531.15, Health and Safety Code; Sections 16001.9 and 16522.1, Welfare and Institutions Code; and Title 42 USC Sections 675 and 677 of the Social Security Act.
1. Change without regulatory effect renumbering former section 86070 to new section 86170, including amendment of section and Note, filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). 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.
2. Amendment of subsections (b)(13) and (b)(15), new subsection (b)(21), amendment of subsections (d) and (g) and amendment of NOTE filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).