Section 86565 - Personnel Requirements(a) The licensee shall employ those administrative, lead caregiver, caregiver, and volunteer and support staff necessary to perform the assigned duties specified in applicable law and regulation.(1) The Department shall have the authority to require any licensee to provide additional staff whenever the Department determines and documents that additional staff are required for the provision of services necessary to meet the child(ren)'s needs. The licensee shall be informed in writing of the reasons for the Department's determination.(b) All personnel shall be given a copy of their job duties and responsibilities, and shall have access to all other job duties and responsibilities.(c) The licensee shall be permitted to utilize trained volunteers as specified in Section 86565(w).(d) Crisis nursery personnel shall be at least 18 years of age.(e) The licensee shall ensure direct supervision that meets the needs of children or infants during participation in or presence at potentially dangerous activities.(f) There shall be a ratio of not less than one adult who has a valid water-safety certificate on file at the crisis nursery to two infants, or to every six children or fraction thereof, during activities in or near any of the following bodies of water: (2) Any portable pool with sides so high that children using the pool cannot step out unassisted by a person or device (including a ladder).(3) Natural bodies of water including, but not limited oceans, lakes, rivers and streams.(g) All personnel shall be given on-the-job training or shall have related experience that provides knowledge of and skill in the following areas, as appropriate to the job assigned and as evidenced by safe and effective job performance. (1) Early childhood development.(2) Principles of nutrition, food preparation and storage and menu planning.(3) Housekeeping and sanitation principles.(4) Care and supervision of children, including communication.(5) Recognition of early signs of illness and the need for professional assistance.(6) Availability of community services and resources.(7) Emergency preparedness and evacuation.(8) Recognition, identification and reporting of signs and symptoms of child abuse.(h) All personnel, including the administrator and volunteers, shall be in good health, and shall be physically, mentally, and occupationally capable of performing assigned tasks. (1) A health screening report, including a test for tuberculosis, performed by or under the supervision of a physician not more than one year prior to, or seven days after employment, signed by the person performing the screening shall indicate the following: (A) The person's physical qualifications to perform the duties to be assigned.(B) The presence of any health condition that would create a hazard to the person, child or other staff members.(2) The good physical health of each volunteer who works in the crisis nursery shall be verified by: (A) A statement signed by each volunteer affirming that he or she is in good health.(B) A test for tuberculosis performed not more than one year prior to or seven days after initial presence in the crisis nursery.(i) Personnel with evidence of physical illness that poses a threat to the health and safety of child(ren) shall be relieved of their duties.(j) Prior to employment or initial presence in the crisis nursery, all staff and volunteers subject to a criminal record review shall: (1) Obtain a California clearance or a criminal record exemption as required by Section 86519(c) and Health and Safety Code Section 1522, or(2) Request a transfer of a criminal record clearance as specified in Section 86519(f), or(3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 86519.1(r).(k) At all times, there shall be coverage by qualified personnel to perform assigned tasks.(l) Personnel shall provide for the care and safety of children without physical or verbal abuse, exploitation or prejudice.(m) All personnel shall be instructed to report observations or evidence of violations of any of the personal rights specified in Section 86572(a).(n) All caregivers shall be certified in pediatric cardiopulmonary resuscitation (CPR) and pediatric first aid, which shall be demonstrated by current and valid pediatric CPR and pediatric first aid cards issued by the American Red Cross, the American Heart Association, a training program approved by the State Emergency Medical Services Authority pursuant to Health and Safety Code Section 1797.191, or from an accredited college or university.(o) The licensee shall develop, maintain and implement a written staff training plan for the orientation, continuing education, on-the-job training and development, supervision, and evaluation of all lead caregivers, caregivers, and volunteers. The licensee shall incorporate the training plan in the crisis nursery plan of operation.(p) The licensee shall designate at least one lead caregiver to be present at the crisis nursery at all times when children are present.(q) The lead caregiver shall have one of the following education and experience qualifications: (1) Completion of 12 postsecondary semester units, or equivalent quarter units, with a passing grade, as determined by the institution, in classes with a focus on early childhood education, child development, or child health at an accredited college or university, as determined by the department, and six months of work experience in a licensed group home, licensed infant care center, comparable group child care program or family day care. (A) At least three semester units, or equivalent quarter units, or equivalent experience, shall include coursework or experience in the care of infants.(B) The written verification of experience shall include statements that the individual worked satisfactorily for at least three hours per day for 50 days in a six-month period, as a paid or volunteer staff member, and that a person who would qualify as a lead caregiver supervised the experience.1. Verification shall be provided from the National Credentialing Program, 2460 16th Street, Northwest, Washington, D.C. 20009, (1-800-424-4310).(2) A current and valid Child Development Associate (CDA) credential, with the appropriate age level endorsement issued by the CDA National Credentialing Program, and at least six months of on-the-job training or work experience in a licensed child care center or comparable group child care program.(3) A current and valid Child Development Associate Teacher Permit issued by the California Commission on Teacher Credentialing pursuant to California Code of Regulations, Title 5, Sections 80105 through 80116.(r) Lead caregivers shall have a minimum of 24 hours of training and orientation before working with children. (1) One year experience in a supervisory position in a child care or group care facility may substitute for 16 hours of training and orientation.(s) The written staff training plan shall require the lead caregiver to receive and document a minimum of 20 hours of annual training directly related to the functions of his or her position. (1) Annual training may include the following topics: the development of children from birth through five; bonding and attachment; language acquisition; basic life support including best methods of toilet training; cultural competency; separation; grieving; discipline and limit setting; sexual abuse; communication enhancement; preventive health practices, and the dynamics of various causes and effects of family function and dysfunction; family counseling techniques; family education and support.(2) Documentation of training shall include the date of training, the location, the title, a brief description of the training, names and signatures of staff attending onsite training, independent third-party verification of offsite training (i.e., official grade slips, transcripts, certificates, signed documentation from an approved or accredited institution or a licensee association), hours of training, name and qualifications of trainer(s).(t) Caregiver staff shall complete a minimum of 24 hours of initial training and shall be included in the written staff training plan.(1) The training plan shall include caregiver job shadowing activities, that include: (A) A description of specific activities observed;(B) Job classification of the individual being shadowed;(C) Time spent on each activity; and(D) Skill to be developed through each job shadowing activity.(2) The training plan shall include for each training session the following: (A) Course title and subject matter;(B) Learning objectives and activities;(C) Number of hours per training session;(D) Qualifications of the trainer; and(u) The initial 24 hours of training for caregiver staff shall be comprised of the eight- and 16-hour training as follows: (1) Eight-Hour Training shall be completed by caregiver staff within 90 days of employment. (A) Training shall be completed before new caregiver staff are: 1. Responsible for supervising children,2. Left alone with children, and3. Counted in the staff to child ratio required by Sections 86565.5(b) through (e).(B) Until the eight hours of training are completed, new caregiver staff shall be visually supervised at all times by the lead caregiver.(C) A maximum of four hours of the training requirement shall be satisfied by successful completion of job shadowing.1. For purposes of this regulation, job shadowing means a process whereby new caregiver staff follow and observe experienced crisis nursery personnel performing a specific job. The purpose of job shadowing is to gain information related to a specific job including, materials used, physical demands, necessary skills and knowledge.2. During shadowing, the experienced crisis nursery personnel being shadowed must be performing child care duties and counted in the staff to child ratios, as required by Section 86565.5(b) through (e).3. Job shadowing shall promote the development of specific skills.(D) Successful completion of job shadowing shall be verified by a statement completed by the experienced crisis nursery personnel being shadowed.(E) Within seven-calendar days of completion of the eight-hour training, the administrator or administrator's designee shall assess if each caregiver staff understands and can apply the training. 1. The assessment may include observation of performance, post-testing or demonstrated hands-on competency.2. The assessment shall be documented in each caregiver staff personnel record.3. When the administrator or administrator's designee determines a caregiver staff does not understand and cannot apply the training, retraining is required.(2) Sixteen hours of training shall be completed by new caregiver staff within 90 days of employment. (A) Within 30 days of completion of the 16-hour training, the administrator or administrator's designee shall assess if each newly hired caregiver staff understands and can apply the training. 1. The assessment may include observation of performance, post-testing or demonstrated hands-on competency.2. The assessment shall be documented in each caregiver staff personnel record.3. When the administrator or administrator's designee determines a caregiver staff does not understand and cannot apply the training, retraining is required.(B) Training shall include, at a minimum, the following topics. The licensee shall determine how much time is spent on each topic, and shall ensure that caregiver staff have appropriate skills necessary to supervise the children in care. 1. Overview of the child population served;2. The crisis nursery's program and services, including program philosophy, activities and community resources;3. The crisis nursery's policies and procedures, including reporting requirements to the Department and as a mandated child abuse reporter;4. Caregiver workers' job description, including roles and responsibilities;5. Role of other crisis nursery personnel;6. Discipline policies and procedures;7. Emergency response as specified in the emergency plan;8. Teamwork and interpersonal communication among crisis nursery personnel and children and the child's family members;9. Teamwork and intra-crisis nursery communication;10. The role of the parent or legal guardian when a child is placed;11. Medication procedures, assistance with medication, universal precautions, recognition of early signs of illness and the need for professional assistance, and other health related issues;12. Crisis nursery children's adjustment to group care;13. Housekeeping and sanitation principles; principles of nutrition, food preparation and storage and menu planning;14. California Code of Regulations, Title 22, Division 6, Chapter 7.3, Crisis Nurseries;15. Availability of community services and resources;16. Recreation activities and resources; and17. Families in crisis and stressful family situations.(C) The training requirement shall be satisfied by successful completion of course work conducted in a workshop, seminar, classroom setting, individual or small group setting by a qualified individual. 1. A qualified individual shall possess: a) a master's degree in a behavioral science from an accredited college or university and one year experience as an administrator, social worker, child care staff, or independent contractor providing direct social work activities in a residential care facility for children; or,b) a master's degree and one year of work experience with the child population served or a bachelor's degree and two years of work experience with the child population served; or,c) a licensed mental health professional, as defined in California Code of Regulations Title 9, Chapter 12, Section 1901(p) or,d) a certificate or credential from an accredited course of study or educational institution in the subject matter for which the individual will be providing training;e) or, an individual who has provided training to staff in a residential care facility for children for three years and has at least three years work experience in the subject matter of the training.(D) Documentation of successful completion of training shall be maintained in the personnel record for each caregiver staff.(3) The 24-hour initial training is in addition to first aid and CPR training.(v) All caregiver staff shall complete a minimum of 20 hours of annual training. (1) At least 5 hours of the annual training shall consist of course work from an entity other than the crisis nursery, such as an accredited educational institution, workshops, seminars, or other direct training provided by a qualified individual who meets the requirements specified in Section 86565(u)(2)(C)1., who is not affiliated with the crisis nursery licensee.(2) Annual training may include, but is not limited to, the following topics: (A) Neglect/abuse issues;(C) Behavior problems/psychological disorders;(D) Mental health/behavioral interventions;(E) Substance abuse issues;(H) Importance of sibling and family relationships;(I) Topics listed in Sections 86565(u)(2)(B)1. through 17.(3) Training topics shall be appropriate for the population of children served and services provided.(4) The training requirement may be satisfied by successful completion of course work conducted in a workshop, seminar, or classroom setting, individual or small group setting by a qualified individual.(5) Documentation of successful completion of training shall be maintained in the personnel record for each caregiver staff.(6) Annual training is in addition to first aid and CPR training.(w) The training plan shall address the 16 hours training and certification in pediatric first aid and pediatric cardiopulmonary resuscitation requirements for volunteers. Volunteers shall complete these requirements as follows: (1) Prior to assuming the duties and responsibilities of caring for children in a crisis nursery or being counted in the staff-to-child ratio, volunteers shall complete at least five hours of initial training, as follows: (A) Two hours of crisis nursery job shadowing with a trained and experienced caregiver or lead caregiver. Successful completion of job shadowing shall be verified by a statement completed by the experienced staff being shadowed. The training shall include the following: 2. Time spent on each activity; and3. The type of skill developed through each job shadowing activity.(B) One hour of review of Title 22, Division 6, Chapter 7.3, Crisis Nursery regulations.(C) Two hours of review of a crisis nursery program, including: 1. The crisis nursery mission statement and2. The goals and objectives, child guidance techniques, and special needs of the child population served.(2) Within 90 days, volunteers who are included in the staff-to-child ratio shall do both of the following: (A) Acquire a certification in pediatric first aid, and pediatric cardiopulmonary resuscitation.(B) Complete at least eleven hours of training covering child care health and safety issues, trauma informed care, the importance of family and sibling relationships, temperaments of children, self-regulation skills and techniques, and program child guidance techniques, and which may include the topics specified in Section 86565(u)(2)(B)1. through 17. above.(3) Within 30 calendar days of completion of the training described in Section 86565(w)(1) and (2), the administrator or administrator's designee shall assess if each volunteer understands and can apply the training. (A) The assessment may include observation of performance, post testing or demonstrated hands-on competency.(B) The assessment shall be documented in each volunteer staff personnel record.(C) When the administrator or administrator's designee determines a caregiver staff member does not understand and cannot apply the training, retraining is required.(x) Volunteers who have completed a background check, CACI check, TB test, and who meet the requirements specified in Section 86565(h), but have not completed the 16 hours of training and pediatric first aid and pediatric cardiopulmonary resuscitation certifications as required in Section 86565(w) may assist a trained caregiver or lead caregiver in performing child care duties. (1) Volunteers who have not completed the 16 hours of training and pediatric first aid and pediatric cardiopulmonary resuscitation certifications as required in Section 86565(w) shall have the following restrictions: (A) Shall not be left alone with children.(B) Shall always be under the direct supervision and observation of a trained caregiver or lead caregiver.(C) Shall not be counted in meeting the minimum staff-to-child ratio requirements as specified in Section 86565.5(d) through (f).(y) Volunteers shall meet the annual training requirements as specified in Section 86565(v).(z) Documentation of successful completion of volunteer training shall be maintained in the personnel record for each volunteer.(aa) Upon employment, staff shall receive copies of the procedures specified in Section 86568.4, Removal and Discharge Procedures, Section 86572.1, Discipline Policies and Procedures, and Section 86572.2, Complaint Procedures.Cal. Code Regs. Tit. 22, § 86565
1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. Change without regulatory effect amending section and NOTE filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).
7. Repealer of subsection (q)(1)(B), subsection relettering, repealer of subsections (q)(2)(A) and (q)(3)(A) and amendment of subsection (x) filed 2-25-2021; operative 4-1-2021 (Register 2021, No. 9). Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1522, 1531, 1526.8 and 1562, Health and Safety Code.
1. New section filed 10-26-2006 as an emergency; operative 10-26-2006 (Register 2006, No. 43). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 2-23-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL. A Certificate of Compliance must be transmitted to OAL by 6-25-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 6-25-2007 and disapproved 8-7-2007; Notice of Disapproval of Certificate of Compliance and Order of Deletion filed 8-7-2007 (Register 2007, No. 32).
4. New section refiled 8-7-2007 as an emergency; operative 8-7-2007 (Register 2007, No. 32). Pursuant to Statutes 2004, chapter 664, section 11 (SB 855) this regulatory action is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, and is exempt from OAL review and approval. A Certificate of Compliance must be transmitted to OAL by 12-5-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-7-2007 order, including amendment of section, transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. Change without regulatory effect amending section and Note filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).
7. Repealer of subsection (q)(1)(B), subsection relettering, repealer of subsections (q)(2)(A) and (q)(3)(A) and amendment of subsection (x) filed 2-25-2021; operative 4/1/2021 (Register 2021, No. 9).