Bill Text: CA SB524 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Private alternative boarding schools and outdoor programs.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2016-09-30 - Chaptered by Secretary of State. Chapter 864, Statutes of 2016. [SB524 Detail]

Download: California-2015-SB524-Introduced.html
BILL NUMBER: SB 524	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lara

                        FEBRUARY 26, 2015

   An act to add Section 1502.2 to the Health and Safety Code,
relating to care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 524, as introduced, Lara. Alternative treatment facilities for
youth.
   Existing law, the California Community Care Facilities Act (the
act), provides for the licensure and regulation of community care and
residential facilities by the State Department of Social Services.
Under existing law, a violation of any of these provisions is
punishable as a misdemeanor.
   This bill would define "private alternative treatment and
education facility for youth," for purposes of the act. The bill
would prohibit a person, firm, partnership, association,
organization, or corporation from operating, establishing, managing,
conducting, or maintaining this type of treatment and education
facility unless the facility is licenced by the department and
components of the program are accredited by an approved organization,
as specified. By adding private alternative treatment and education
facilities for youth to the act, this bill would create a new crime,
thereby imposing a state-mandated local program.
    The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Since the 1990s, hundreds of nontraditional treatment programs
that are intended to be less restrictive treatment options for
children with significant behavioral issues have been established
nationwide, with thousands of allegations of abuse, including death.
   (b) There are currently facilities operating within California
that are not licensed by the State Department of Social Services.
   (c) These facilities are often owned and operated by nonprofit
organizations described in Section 501(c)(3) of the Internal Revenue
Code.
   (d) These facilities advertise services for youth with behavioral
issues to families who may feel they have no other options.
   (e) Former students have formed national and local organizations
to expose the trauma and abuse they experienced at these facilities.
   (f) Students at these facilities are previous victims of trauma,
have experienced parental rejection based on actual or perceived
sexual orientation or gender identity, and have mental health and
substance use issues.
   (g) It is the role of the Legislature to ensure proper licensing
and regulation of residential facilities for the protection and care
of all citizens.
  SEC. 2.  Section 1502.2 is added to the Health and Safety Code, to
read:
   1502.2.  (a) "Private alternative treatment and education facility
for youth" means any residential facility or program operated by a
private entity with a focus on serving children with emotional,
behavioral, or mental health issues or disorders, and that provides
any of the following:
   (1) A program with wilderness or outdoor experience, expedition,
or intervention.
   (2) A boot camp experience or other experience designed to
simulate characteristics of basic military training or correctional
regimes.
   (3) A therapeutic boarding school.
   (4) A behavior modification program.
   (b) A person, firm, partnership, association, organization, or
corporation shall not operate, establish, manage, conduct, or
maintain a private alternative treatment and education facility for
youth, unless the facility is licensed by the department and all
components of the program are accredited by an independent nonprofit
accrediting organization approved by the department.
   (c) A private alternative treatment and education facility for
youth shall, at a minimum, afford each student, resident, or
participant the rights guaranteed in Section 84072 of Title 22 of the
California Code of Regulations.
   (d) A resolution, bylaw, rule, ordinance, or any other act or
authority permitting or authorizing the operation of a private
alternative treatment and education facility for youth that does not
comply with this section is void and unenforceable.
  SEC. 3.   No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.                     
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