Statutes, codes, and regulations
California Code Of Regulations
Title 22 - Social SecurityDivision 6 - Licensing of Community Care FacilitiesChapter 9.5 - Foster Family Homes
Article 3 - Core Requirements for Caregivers, Relatives, and Nonrelative Extended Family Members
Section 89374 - Transportation

Cal. Code Regs. tit. 22 § 89374

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Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 89374 - Transportation
(a) The caregiver shall ensure that persons who transport a "child" use vehicles that are in safe operating condition.
(1) The caregiver and their staff are prohibited from smoking a tobacco product, or permitting any person from smoking a tobacco product in a motor vehicle that is regularly used to transport children, regardless of when the children are present. This prohibition applies when the motor vehicle is moving or at rest. Smoking has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code, and tobacco product means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
(b) The caregiver shall not allow a "child" to be transported by a person the caregiver knows or reasonably should know does not have a valid California or other state driver's license.
(c) The caregiver shall provide transportation for a child in a timely manner to and from the following:
(1) Health-related services.
(2) School.
(3) Extracurricular, enrichment, cultural, and social activities, in accordance with the reasonable and prudent parent standard specified in Section 89377.
(d) The caregiver shall ensure that the transportation provided safeguards the health and safety of a "child" and shall not violate the personal rights of a "child" as required by Section 89372, including the right to have equal access to all available services and to not be subjected to discrimination on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity and expression, mental or physical disability, or HIV status.
(e) The caregiver may satisfy their obligation to provide transportation as required by this section if the caregiver has entered into a written agreement with a third party, such as an agency, entity or individual, for the regular provision of transportation. The written agreement shall be made available to the department upon request. The caregiver may also satisfy their obligation to provide transportation as required by this section if the caregiver uses a third party on a rare occurrence, that is not regular or routine, to provide transportation without a written agreement and the caregiver meets all requirements for the reasonable prudent parent standard.

Cal. Code Regs. Tit. 22, § 89374

1. New section filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment designating first paragraph as subsection (a), new subsection (a)(1) and amendment of NOTE filed 2-4-2010; operative 3-6-2010 (Register 2010, No. 6).
5. Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
6. Change without regulatory effect amending subsection (a)(1) and NOTE filed 7-7-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 28).
7. Amendment of subsections (a)(1) and (c)-(c)(3), new subsections (d)-(e) and amendment of NOTE filed 6-9-2022; operative 10-1-2022 (Register 2022, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1501, 1530.7, 1531 and 118948, Health and Safety Code; Sections 362.05 and 16001.9, Welfare and Institutions Code; and Section 22950.5, Business and Professions Code.

1. New section filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment designating first paragraph as subsection (a), new subsection (a)(1) and amendment of Note filed 2-4-2010; operative 3-6-2010 (Register 2010, No. 6).
5. Amendment of section and Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
6. Change without regulatory effect amending subsection (a)(1) and Note filed 7-7-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 28).
7. Amendment of subsections (a)(1) and (c)-(c)(3), new subsections (d)-(e) and amendment of Note filed 6-9-2022; operative 10/1/2022 (Register 2022, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.