Cal. Code Regs. tit. 22 § 86565.5

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 86565.5 - Staff to Child Ratios

(a) There shall be at least one fully qualified and employed lead caregiver present at the crisis nursery at all times when children are present.

(b) A crisis nursery shall allow the use of fully trained and qualified volunteers to be counted toward the staff-to-child ratios in Section 86565.5(d) through (f), provided at least one fully qualified and employed staff person is on site at all times that volunteers are used to meet minimum caregiver staffing requirements as specified in Section 86565.5(c) through (f), and each volunteer has satisfied the following conditions:

(1) Fingerprinting for the purpose of conducting a criminal record review as specified in Section 86519(a)(1).

(2) A child abuse central index check as specified in Section 86519.2.

(3) He or she is in good physical health, and has been tested for tuberculosis not more than one year prior to, or seven days after, his or her initial presence in the facility, as required in Section 86565(h)(2).

(4) Completed the training requirements and certification in pediatric first aid and pediatric cardiopulmonary resuscitation requirements as specified in Section 86565(w).

(c) There shall be at least one employed staff person present for every volunteer caregiver used by the crisis nursery for the purpose of meeting the minimum caregiver staffing requirements.

(d) There shall be at least one employed staff person or volunteer caregiver for each group of six children, or fraction thereof, who are 18 months of age or older, and one employed staff person or volunteer caregiver for each group of three children, or fraction thereof, who are under 18 months of age from 7 a.m. to 7 p.m.

(e) There shall be at least one employed staff person or volunteer caregiver for each group of six children, or fraction thereof, who are 18 months of age or older, and one employed staff person or volunteer caregiver for each group of four children, or fraction thereof, who are under 18 months of age from 7 p.m. to 7 a.m.

(f) There shall be at least one staff person or volunteer caregiver awake at all times from 7 p.m. to 7 a.m.

(g) The crisis nursery's plan of operation shall address how it will deal with unexpected circumstances related to staffing and ensure that additional caregivers are available when needed as specified in Section 86522(b)(7)(C).

Cal. Code Regs. Tit. 22, § 86565.5

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 subsection (a), transmitted to OAL 11-21-2007 and filed 12-31-2007 (Register 2008, No. 1).
6. Change without regulatory effect amending section filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).
7. Amendment of section heading and subsection (b) filed 2-25-2021; operative 4-1-2021 (Register 2021, No. 9).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1516, 1526.8 and 1531, Health and Safety Code.