Cal. Code Regs. tit. 22 § 86570

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 86570 - Children's Records
(a) A separate, complete, and current record shall be maintained in the crisis nursery for each child.
(b) Each record must contain information for the child including, but not limited to, the following:
(1) Name.
(2) A recent photograph and physical description.
(3) Birth date.
(4) Sex.
(5) Name, address, and telephone number of the authorized representative.
(6) Name, address and telephone number of physician and dentist, and other medical and mental health providers, if any.
(7) Record of current medications, including the name of the prescribing physician, and instructions, if any, regarding control and custody of medications, and documentation of approval and instructions from the child's authorized representative for administration of prescription and non-prescription medications as specified in Section 86575(c)(1) and Section 86575(d)(1)(A), respectively, and documentation when PRN medications are administered by the caregiver as specified in Section 86575(e)(1).
(A) For prescription medications, the record shall include the written prescription from the physician, as required in Section 86575(c).
(8) The name, address, and telephone number of all adults with whom the child was living immediately prior to admission.
(9) Dental and medical history, if available, including immunization records; and physician's orders for any medically necessary diet as specified in Section 86576(a)(4).
(10) The child's court status, if applicable, including a copy of any custody orders and agreements with parent(s) or person(s) having legal custody.
(11) A request in writing that a parent not be allowed to visit a child or take a child from the crisis nursery provided the custodial parent has shown a certified copy of a court order.
(12) A list of persons who should not be allowed to visit.
(13) Consent forms, completed by the child's authorized representative, to permit the crisis nursery to authorize medical care and administration of medication.
(14) Date of admission.
(15) The child's initial assessment plan.
(c) All information and records regarding the child shall be confidential except as authorized by law.
(1) A child's records shall be open to inspection by the child's authorized representative.
(d) All child records shall be available to the Department 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) The Department shall not remove the following current records for children currently in care unless the same information is otherwise readily available in another document or format.
(A) Contact information for the child's authorized representative, as specified in Section 86570(b)(5).
(B) Contact information for the child's medical and mental health providers, as specified in Section 86570(b)(6).
(C) Medication record, as specified in Section 86570(b)(7).
(D) Initial assessment plan, as specified in Section 86570(b)(15).
(E) Any other records containing current emergency or health-related information.
(2) Prior to removing any records, the Department 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) The Department shall return the records undamaged and in good order within three business days following the date the records were removed.
(e) The information specified in Sections 86570(b)(1)-(14) must be updated as necessary to ensure the accuracy of the child's record.
(f) All child records shall be retained for at least three years following termination of service to the child.
(g) If it is determined that the child is to be removed or discharged from the crisis nursery, the following information shall be maintained in the child's record:
(1) Date the child's authorized representative was notified of the necessity for the child's removal or discharge.
(2) The name, address, and relationship to the child of the person to whom the child was released.
(3) Reason for the child's removal or discharge.
(h) If the licensee requests an exception to allow a child to receive crisis day services in excess of the limits specified in Section 86580(a), the Department's written approval or denial of the request shall be retained in the child's record.

Cal. Code Regs. Tit. 22, § 86570

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 repealing subsection (b)(6), renumbering subsections, amending newly designated subsections (b)(8)-(9), amending subsections (d)(1)(B)-(D) and (e) and amending NOTE filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).
7. Amendment of subsection (b)(7), new subsection (b)(7)(A), amendment of subsections (b)(13) and (g)(1) and new subsection (h) filed 2-25-2021; operative 4-1-2021 (Register 2021, No. 9).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507, 1516, 1526.8 and 1531, 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 repealing subsection (b)(6), renumbering subsections, amending newly designated subsections (b)(8)-(9), amending subsections (d)(1)(B)-(D) and (e) and amending Note filed 8-17-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 34).
7. Amendment of subsection (b)(7), new subsection (b)(7)(A), amendment of subsections (b)(13) and (g)(1) and new subsection (h) filed 2-25-2021; operative 4/1/2021 (Register 2021, No. 9).