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California Code of Regulations
Title 17, Division 2
Chapter 3 - Community Services
SubChapter 4 - Residential Services and Quality Assurance Regulations
Article 6 - Welfare and Institutions Code Section 4695.2 Direct Care Staff Training Regulations
§56034.1. Foster Family Agency Waiver Requirements.
§56034.1. Foster Family Agency Waiver Requirements.
 
(a) The regional center may waive the requirement for certified parents and FFA staff, who provide direct supervision and special services to children who are regional center consumers to complete the direct care staff competency-based training and testing requirements described in Section 56033 (a)(1) and (2).
(b) To request a waiver pursuant to subsection (a), the FFA shall submit a training plan to the regional center which shall include, but not be limited to:
(1) A description of how the FFA's training program meets the requirements for competency-based training required by Welfare and Institutions Code Section 4681.5;
(2) The titles of all FFA staff who are required to attend the FFA's training;
(3) The number of hours of training required by the FFA's training plan;
(4) The period of time over which the FFA's training is to be provided;
(5) A training schedule for FFA staff who are currently employed and another training schedule for FFA staff who are hired following the effective date of these regulations;
(6) The titles and qualifications of the individuals who will conduct the FFA's training; and
(7) A methodology for assessing individual competency in the knowledge area(s) included in the training.
(c) Within 45 days of receiving a complete training plan from an FFA, the regional center shall either approve or deny the FFA's request for a waiver and notify the FFA in writing, by certified mail, of the regional center's approval or denial.
(d) If the FFA's request for a waiver is denied by the regional center, the FFA may, within fifteen days of receipt of the regional center's denial of the FFA's request for a waiver, appeal the regional center's denial of the FFA's request for a waiver to the Department.
(e) To file an appeal, the FFA shall send to the Department:
(1) A copy of the training plan which was submitted to the regional center by the FFA;
(2) A copy of the regional center's written denial of the FFA's request for a waiver; and
(3) Any other information which the FFA considers appropriate to the appeal.
(f) The Department shall render a written decision to uphold or deny the regional center's denial of the FFA's request for a waiver within forty-five days of receipt of the information submitted pursuant to subsection (e)(1) through (3).
(1) The Department's written decision shall be sent to the FFA and the regional center via certified mail within 15 days of the decision being rendered.
(g) The Department's decision is final.
Note
Authority cited: Section 4695.2(e), Welfare and Institutions Code. Reference: Section 4695.2, Welfare and Institutions Code.
History
1. New section filed 3-13-2000 as an emergency; operative 3-13-2000 (Register 2000, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-11-2000 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 30).
3. New section filed 7-26-2000 as an emergency; operative 7-26-2000 (Register 2000, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-2000 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-27-2000 as an emergency, including amendment of subsection (b)(1); operative 11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-26-2000 order, including amendment of subsection (a), transmitted to OAL 3-22-2001 and filed 5-2-2001 (Register 2001, No. 18).
6. Change without regulatory effect amending Note filed 2-28-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 9).