CALIFORNIA STATUTES AND CODES
SECTIONS 17710
WELFARE AND INSTITUTIONS CODE
SECTION 17710
17710. Unless otherwise specified in this part:
(a) "Child with special health care needs" means a child, or a
person who is 22 years of age or younger who is completing a publicly
funded education program, who has a condition that can rapidly
deteriorate resulting in permanent injury or death or who has a
medical condition that requires specialized in-home health care, and
who either has been adjudged a dependent of the court pursuant to
Section 300, has not been adjudged a dependent of the court pursuant
to Section 300 but is in the custody of the county welfare
department, or has a developmental disability and is receiving
services and case management from a regional center.
(b) "County" means the county welfare department.
(c) "Department" means the State Department of Social Services.
(d) "Individualized health care plan team" means those individuals
who develop a health care plan for a child with special health care
needs in a specialized foster care home, as defined in subdivision
(i) or group home, which shall include the child's primary care
physician or other health care professional designated by the
physician, any involved medical team, and the county social worker or
regional center worker, and any health care professional designated
to monitor the child's individualized health care plan pursuant to
paragraph (8) of subdivision (c) of Section 17731, including, if the
child is in a certified home, the registered nurse employed by or
under contract with the certifying agency to supervise and monitor
the child. The child's individualized health care plan team may also
include, but shall not be limited to, a public health nurse,
representatives from the California Children's Services Program or
the Child Health and Disability Prevention Program, regional centers,
the county mental health department and where reunification is the
goal, the parent or parents, if available. In addition, where the
child is in a specialized foster care home, the individualized health
care plan team may include the prospective specialized foster
parents, who shall not participate in any team decision pursuant to
paragraph (6) of subdivision (c) of Section 17731 or pursuant to
paragraph (3) of subdivision (a), or subparagraph (A) of paragraph
(2) of subdivision (b) of Section 17732.
(e) "Director" means the Director of Social Services.
(f) "Level of care" means a description of the specialized in-home
health care to be provided to a child with special health care needs
by the foster family.
(g) Medical conditions requiring specialized in-home health care
require dependency upon one or more of the following: enteral feeding
tube, total parenteral feeding, a cardiorespiratory monitor,
intravenous therapy, a ventilator, oxygen support, urinary
catheterization, renal dialysis, ministrations imposed by
tracheostomy, colostomy, ileostomy, or other medical or surgical
procedures or special medication regimens, including injection, and
intravenous medication.
(h) "Specialized in-home health care" includes, but is not limited
to, those services identified by the child's primary physician as
appropriately administered in the home by any one of the following:
(1) A parent trained by health care professionals where the child
is being placed in, or is currently in, a specialized foster care
home.
(2) Group home staff trained by health care professionals pursuant
to the discharge plan of the facility releasing the child where the
child was placed in the home as of November 1, 1993, and who is
currently in the home.
(3) A health care professional, where the child is placed in a
group home after November 1, 1993. The health care services provided
pursuant to this paragraph shall not be reimbursable costs for the
purpose of determining the group home rate under Section 11462.
(i) "Specialized foster care home" means any of the following
foster homes where the foster parents reside in the home and have
been trained to provide specialized in-home health care to foster
children:
(1) Licensed foster family homes, as defined in paragraph (5) of
subdivision (a) of Section 1502 of the Health and Safety Code.
(2) Licensed small family homes, as defined in paragraph (6) of
subdivision (a) of Section 1502 of the Health and Safety Code.
(3) Certified family homes, as defined in subdivision (d) of
Section 1506 of the Health and Safety Code, that have accepted
placement of a child with special health care needs who is under the
supervision and monitoring of a registered nurse employed by, or on
contract with, the certifying agency, and who is either of the
following:
(A) A dependent of the court under Section 300.
(B) Developmentally disabled and receiving services and case
management from a regional center.