Foster care is regulated by the California Department of Social Services. The requirements for
maintaining a foster care home, are reflected in California Code of Regulations, Title 22
(California Department of Social Services / Community Care Facilities Licensing Manuals). The text
of the relevant sections (as of June 2006) is re-printed below.
ON
THIS PAGE:
§80087 BUILDINGS AND GROUNDS
(a) The facility shall be clean, safe, sanitary and in good repair at all times for the safety
and well-being of
clients, employees and visitors.
(1) The licensee shall take measures to keep the facility free of flies and
other insects.
(2) The licensee shall provide for the safe disposal of water and other
chemicals used for cleaning
purposes.
(b) All clients shall be protected against hazards within the facility through provision of the
following:
(1) Protective devices including but not limited to nonslip material on rugs.
(c) All outdoor and indoor passageways, stairways, inclines, ramps, open porches and other areas
of
potential hazard shall be kept free of obstruction.
(d) The licensee of an ADCF or ADSC shall provide an isolation room or area for use by ill clients.
(e) General permanent or portable storage space shall be available for the storage of facility
equipment and
supplies.
(1) Facility equipment and supplies shall be stored in this space and shall
not be stored in space used
to meet other requirements specified in this chapter and Chapters 2 through 7.
(f) All licensees serving children or serving clients who have physical handicaps, mental
disorders, or
developmental disabilities shall ensure the inaccessibility of pools, including swimming pools (inground
and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds or similar bodies of
water through a pool cover or by surrounding the pool with a fence.
(1) Fences shall be at least five feet high and shall be constructed so that
the fence does not obscure
the pool from view. The bottom and sides of the fence shall comply with Division
1, Appendix
Chapter 4 of the 1994 Uniform Building Code. In addition to meeting all of the
aforementioned
requirements for fences, gates shall swing away from the pool, self-close and
have a self-latching
device located no more than six inches from the top of the gate. Pool covers
shall be strong
enough to completely support the weight of an adult and shall be placed on the
pool and locked
while the pool is not in use.
(A) If licensed prior to June 1, 1995, facilities with
existing pool fencing shall be exempt
from the fence requirements specified in Section 80087(f)(1)
until such fence is replaced
or structurally altered. If the licensee replaces or alters
the fence, it shall meet the fence
requirements specified in Section 80087(f)(1).
(2) Where an above-ground pool structure is used as the fence or where the
fence is mounted on top
of the pool structure, the pool shall be made inaccessible when not in use by
removing or making
the ladder inaccessible or erecting a barricade to prevent access to decking. If
a barricade is
used, the barricade shall meet the requirements of Section 80087(f)(1).
(g) All in-ground pools, and above-ground pools which cannot be emptied after each use shall have
an
operative pump and filtering system.
(h) Disinfectants, cleaning solutions, poisons, firearms and other items that could pose a danger if
readily
available to clients shall be stored where inaccessible to clients.
(1) Storage areas for poisons, and firearms and other dangerous weapons shall
be locked.
(2) In lieu of locked storage of firearms, the licensee may use trigger locks or
remove the firing pin.
(A) Firing pins shall be stored and locked separately
from firearms.
(3) Ammunition shall be stored and locked separately from firearms.
(i) Medicines shall be stored as specified in Section 80075(m) and (n) and separately from other
items
specified in Section 80087(h) above.
(j) The items specified in Section 80087(h) above shall not be stored in food storage areas or in
storage
areas used by or for clients.
§80088 FIXTURES,
FURNITURE, EQUIPMENT AND SUPPLIES
(a) A comfortable temperature for clients shall be maintained at all times.
(1) The licensee shall maintain the temperature in rooms that clients occupy
between a minimum of
68 degrees F (20 degrees C) and a maximum of 85 degrees F (30 degrees C).
(A) In areas of extreme heat the maximum shall be 30
degrees F (16.6 degrees C) less than
the outside temperature.
(2) Nothing in this section shall prohibit clients from adjusting individual
thermostatic controls.
(b) All window screens shall be in good repair and be free of insects, dirt and other debris.
(c) Fireplaces and open-faced heaters shall be made inaccessible to clients to ensure protection
of the
clients' safety.
(1) The use of a fireplace screen or similar barrier will meet this
requirement.
(d) The licensee shall provide lamps or lights as necessary in all rooms and other areas to
ensure the
comfort and safety of all persons in the facility.
(e) Faucets used by clients for personal care such as shaving and grooming shall deliver hot water.
(1) Hot water temperature controls shall be maintained to automatically
regulate temperature of hot
water delivered to plumbing fixtures used by clients to attain a hot water
temperature of not less
than 105 degrees F (40.5 degrees C) and not more than 120 degrees F (48.8
degrees C).
(2) Taps delivering water at 125 degrees F (51.6 degrees C) or above shall be
prominently identified
by warning signs.
(3) All toilets, hand washing and bathing facilities shall be maintained in safe
and sanitary operating
condition. Additional equipment, aids, and/or conveniences shall be provided in
facilities
accommodating physically handicapped clients who need such items.
(f) Solid waste shall be stored, located and disposed of in a manner that will not transmit
communicable
diseases or odors, create a nuisance, or provide a breeding place or food source for insects or
rodents.
(1) All containers, including movable bins, used for storage of solid wastes
shall have tight-fitting
covers kept on the containers; shall be in good repair, shall be leakproof and
rodent-proof.
(2) Solid waste containers, including movable bins, receiving putrescible waste
shall be emptied at
least once per week or more often if necessary to comply with (f) above.
(3) Each movable bin shall provide for suitable access and a drainage device to
allow complete
cleaning at the storage area.
(g) The licensee shall provide linens of various kinds necessary to meet the program of services
being
offered by the facility and the requirements specified in Chapters 2 through 7.
§83087 BUILDINGS AND GROUNDS
(a) In addition to Section 80087, the following
shall apply.
(b) The licensee shall provide bedrooms in the home which shall meet, at a minimum, the following
requirements:
(1) No more than two children shall share a bedroom.
(2) Children of the opposite sex shall not share a bedroom unless each child is
under five years of
age.
(3) No room commonly used for other purposes shall be used as a bedroom, except
as permitted
pursuant to Section 80024.
(A) Such rooms shall include but not be limited to halls,
stairways, unfinished attics or
basements, garages, storage areas and sheds or similar
detached buildings.
(4) No bedroom shall be used as a public or general passageway to another
room.
(5) Except for infants, children shall not share a bedroom with an adult.
(A) In bedrooms shared by adults and infants, no more
than one infant and no more than two
adults shall share the room.
(B) If two children have been sharing a bedroom and one of
them turns 18, they may
continue to share the bedroom as long as they remain
compatible and the licensing
agency has granted an exception, pursuant to Section 80024.
(6) Subsections 83087(b)(1), (2), (3), (4), and (5) apply to all bedrooms
used by all children residing
in the facility, including children who are members of the licensee's family,
guardianship
children, and children in placement.
(7) Sections 83087(b)(3) and (4) apply to all bedrooms used by the licensee(s)
and all other adults
residing in the facility.
(c) The licensee who accepts a child with a disability shall make necessary specific provisions
including
but not limited to changes to the buildings and grounds as required to protect and assist the child
and
maximize the child's potential for self-help.
§83087.1
ADDITIONAL BUILDINGS AND GROUNDS REQUIREMENTS FOR SPECIALIZED SMALL FAMILY HOMES
(a) Areas in the home, including bedrooms, bathrooms, toilets, dining areas, passageways and
recreational
spaces used by a child with special health care needs shall be large enough to accommodate any
medical equipment needed by the child therein.
(1) Bedrooms occupied by children with special health care needs shall be
large enough to allow the
storage of each child's personal items and any required medical equipment or
assistive devices,
including wheelchairs, adjacent to the child's bed.
(A) The bedroom shall be large enough to permit
unobstructed bedside ministration of
medical procedures and medications.
(b) Notwithstanding Section 83087(b)(1), a bedroom used by a child with special health care needs
shall
not be shared with another minor residing in the facility if the child's need for medical services
or the
child's medical condition would be incompatible with the use and enjoyment of the bedroom by each
minor.
(c) When required by the child's individualized health care plan, the licensee(s) or other adult
caring for the
child, shall sleep in a bedroom adjacent or in close proximity to the child's room.
§83087.2 OUTDOOR ACTIVITY SPACE
(a) The licensee shall provide outdoor activity space which is free from hazards to life and
health.
(1) The outdoor activity space shall include, but not be limited to, activity
centers and public parks
where the licensee resides in an apartment, condominium, or similar housing
arrangement which
does not have separate yard space.
(2) A sketch of the physical plant as required in the plan of operation,
pursuant to Section 80022,
shall include the location(s) of outdoor activity space.
(3) The outdoor activity space shall not include any area made inaccessible by
fencing pursuant to
Section 80087(f).
(4) Where natural or man-made hazards such as canals, cliffs, condemned
buildings, creeks, ditches,
lakes, ocean fronts, mines, power lines, quarries, rivers, ravines, swamps,
watercourses, and areas
subject to flooding lie on or adjacent to the facility premises, the outdoor
activity space shall be
inaccessible to such hazards.
(A) Where a fence or wall is used to make the outdoor
activity space inaccessible, the
requirements of Section 80087(f)(1) shall be met.
§83088 FIXTURES,
FURNITURE, EQUIPMENT, AND SUPPLIES
(a) In addition to Section 80088,
the following shall apply.
(b) The licensee shall maintain at least one toilet, sink, and tub or shower in the home.
(c) The licensee shall provide each child with an individual bed which is equipped with a clean,
comfortable mattress, clean linens, blankets, and pillows, as needed, all in good repair.
(1) No small family home shall have more beds for children's use than
required for the maximum
capacity approved by the licensing agency.
(A) This requirement shall not apply to the beds made
available for illness or separation in
an isolation room or area as specified in Section 80087(d).
(2) Linen shall be changed at least once per week or more often when
necessary to ensure that clean
linen is in use by children at all times.
(3) Beds shall be arranged to allow easy passage between beds and easy entrance
into the room.
(4) Rubber or plastic sheeting or bed coverings should be provided when needed.
(d) The licensee shall provide each infant with a safe and sturdy bassinet or crib, appropriate
to the child's
age and size.
(e) Bunk beds of more than two tiers shall not be used.
(1) Bunk beds shall have railings on the upper tier to prevent falling.
(2) Children under 5 years of age or those who are unable to climb into or out
of the upper tier
unassisted shall not be permitted to use the upper tier.
(f) The licensee shall provide toys, games, books and recreational and educational materials for
the
children, based upon their ages, and mental and physical development.
(g) Each bedroom shall have portable or permanent closets and drawer space to accommodate the
child's
clothing and personal belongings.
