California Health and Safety Code 1531.5 – (a) The State Department of Social Services shall not deny a …
(a) The State Department of Social Services shall not deny a license for a foster family home solely on the basis that the applicant is a parent who has administered corporal punishment not constituting child abuse, or will continue to administer such corporal punishment, to his or her own children.
(b) Nothing in this section shall be construed to prevent the state department from denying a license for a foster care home where the applicant has been found by the state department to have engaged in child abuse.
Terms Used In California Health and Safety Code 1531.5
- department: means State Department of Health Services. See California Health and Safety Code 20
- Director: means the Director of Social Services. See California Health and Safety Code 1502
- Foster family home: means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. See California Health and Safety Code 1502
- license: means a basic permit to operate a community care facility. See California Health and Safety Code 1503
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- state department: means the State Department of Social Services. See California Health and Safety Code 1502
(c) As used in this section, “child abuse” means a situation in which a child suffers from any one or more of the following:
(1) Serious physical injury inflicted upon the child by other than accidental means.
(2) Harm by reason of intentional neglect or malnutrition or sexual abuse.
(3) Going without necessary and basic physical care.
(4) Willful mental injury, negligent treatment, or maltreatment of a child under the age of 18 by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Director of Social Services.
(5) Any condition which results in the violation of the rights or physical, mental, or moral welfare of a child or jeopardizes the child’s present or future health, opportunity for normal development, or capacity for independence.
(d) Nothing in this section shall be construed to permit a foster parent to administer any corporal punishment to a foster child.
(Added by Stats. 1983, Ch. 521, Sec. 1.)