Section 1522.4 Of Article 2. Administration From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 2.
1522.4
. (a) In addition to any other requirements of this chapter
and except for foster family homes, small family homes, and certified
family homes of foster family agencies, all of the following apply
to any community care facility providing 24-hour care for children:
(1) The facility shall have one or more facility managers.
"Facility manager," as used in this section, means a person on the
premises with the authority and responsibility necessary to manage
and control the day-to-day operation of a community care facility and
supervise the clients. The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements. If the
administrator is also the facility manager for the same facility,
this person shall be limited to the administration and management of
only one facility.
(2) The facility manager shall have at least one year of
experience working with the client group served, or equivalent
education or experience, as determined by the department.
(3) A facility manager shall be at the facility at all times when
one or more clients are present. To ensure adequate supervision of
clients when clients are at the facility outside of their normal
schedule, a current telephone number where the facility manager can
be reached shall be provided to the clients, licensing agency,
school, and any other agency or person as the department determines
is necessary. The facility manager shall instruct these agencies and
individuals to notify him or her when clients will be returning to
the facility outside of the normal hours.
(4) The Legislature intends to upgrade the quality of care in
licensed facilities. For the purposes of Sections 1533 and 1534, the
licensed facility shall be inspected and evaluated for quality of
care at least once each year, without advance notice and as often as
necessary, without advance notice, to ensure the quality of care
being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities
licensed for six or fewer children which apply for a license after
January 1, 1985, and all other new facilities licensed for seven or
more children which apply for a license after January 1, 1988.
Existing facilities licensed for seven or more children shall comply
by January 1, 1989.
(b) No employee of the state or county employed in the
administration of this chapter or employed in a position that is in
any way concerned with facilities licensed under this chapter shall
hold a license or have a direct or indirect financial interest in a
facility described in subdivision (a).
The department, by regulation, shall make the determination
pursuant to the purposes of this section and chapter, as to what
employment is in the administration of this chapter or in any way
concerned with facilities licensed under this chapter and what
financial interest is direct or indirect.
This subdivision does not prohibit the state or county from
securing a license for, or operating, a facility that is otherwise
required to be licensed under this chapter.
(c) (1) No group home, short-term residential treatment center, or
foster family agency licensee, or employee, member of the board of
directors, or officer of a group home, short-term residential
treatment center, or foster family agency licensee, shall offer gifts
or other remuneration of any type to any employee of the State
Department of Social Services or placement agency that exceeds the
monetary limits for gifts to employees of the State of California
pursuant to Title 9 (commencing with Section 81000) of the Government
Code and regulations adopted thereunder by the Fair Political
Practices Commission.
(2) No employee of the department or a placement agency shall
accept any gift or other remuneration of any type from a group home,
short-term residential treatment center, or foster family agency
licensee or employee, member of the board of directors, or officer of
a group home, short-term residential treatment center, or foster
family agency licensee that exceeds the monetary limits for gifts to
employees of the State of California in Title 9 (commencing with
Section 81000) of the Government Code and regulations adopted
thereunder by the Fair Political Practices Commission.
(3) Violation of this subdivision is punishable as a misdemeanor.