Bill Text: CA SB524 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 524 CHAPTERED
BILL TEXT
CHAPTER 864
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY AUGUST 4, 2016
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 8, 2015
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 14, 2015
INTRODUCED BY Senator Lara
(Coauthors: Senators Liu and McGuire)
(Coauthors: Assembly Members Lopez and Low)
FEBRUARY 26, 2015
An act to amend Sections 1502, 1505, 1507.6, 1522.06, 1522.44,
1523.1, 1538.8, and 1538.9 of, and to add Sections 1502.2 and 1502.21
to, the Health and Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 524, Lara. Private alternative boarding schools and outdoor
programs.
Existing law, the California Community Care Facilities Act,
provides for the licensure and regulation of community care and
residential facilities by the State Department of Social Services.
Under existing law, the act does not apply to certain facilities,
including, among others, any school dormitory or similar facility
determined by the department. Existing law makes a violation of any
of these provisions punishable as a misdemeanor.
This bill would define "private alternative boarding school" and
"private alternative outdoor program" for purposes of the act and
would make those facilities subject to regulation under the act. The
bill would require the department, commencing January 1, 2018, to
license private alternative boarding schools as group homes and,
commencing January 1, 2019, to license private alternative outdoor
programs as group homes. The bill would impose additional
requirements on these facilities and programs, including, among
others, requiring them to provide each prospective youth and his or
her parent or legal guardian with an accurate written description of
the programs and services to be provided and requiring their staff to
receive training in specified subject areas. The bill would also
establish rights for youth admitted to a private alternative boarding
school or a private alternative outdoor program. The bill would
require the department to adopt regulations implementing licensure of
private alternative boarding schools by January 1, 2018, and to
adopt regulations implementing licensure of private alternative
outdoor programs by January 1, 2019, and would authorize the
department to adopt emergency regulations in both instances.
By making private alternative boarding schools and private
alternative outdoor programs subject to criminal penalties under the
act, this bill would create new crimes, thereby imposing a
state-mandated local program.
This bill would incorporate additional changes made by AB 741 and
AB 1997 that would become operative only if this bill is chaptered
last.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) For decades, 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.
(h) It is the intent of the Legislature that the state license
private alternative boarding schools and private alternative outdoor
programs as community care facilities to ensure the safety of
children admitted to those schools or programs.
SEC. 2. Section 1502 of the Health and Safety Code is amended to
read:
1502. As used in this chapter:
(a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
(1) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
(2) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
(3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
(4) "Foster family agency" means any public agency or private
organization engaged in the recruiting, certifying, and training of,
and providing professional support to, foster parents, or in finding
homes or other places for placement of children for temporary or
permanent care who require that level of care. Private foster family
agencies shall be organized and operated on a nonprofit basis.
(5) "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. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
(6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
(7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
(8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Health Care Services pursuant
to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
(9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or
child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assesses the prospective adoptive parents.
(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
(C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(11) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
(12) "Transitional housing placement provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age and
not more than 18 years of age, and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, to promote their transition to adulthood. A transitional
housing placement provider shall be privately operated and organized
on a nonprofit basis.
(13) "Group home" means a residential facility that provides
24-hour care and supervision to children, delivered at least in part
by staff employed by the licensee in a structured environment. The
care and supervision provided by a group home shall be nonmedical,
except as otherwise permitted by law.
(14) "Runaway and homeless youth shelter" means a group home
licensed by the department to operate a program pursuant to Section
1502.35 to provide voluntary, short-term, shelter and personal
services to runaway youth or homeless youth, as defined in paragraph
(2) of subdivision (a) of Section 1502.35.
(15) "Enhanced behavioral supports home" means a facility
certified by the State Department of Developmental Services pursuant
to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of
Division 4.5 of the Welfare and Institutions Code, and licensed by
the State Department of Social Services as an adult residential
facility or a group home that provides 24-hour nonmedical care to
individuals with developmental disabilities who require enhanced
behavioral supports, staffing, and supervision in a homelike setting.
An enhanced behavioral supports home shall have a maximum capacity
of four consumers, shall conform to Section 441.530(a)(1) of Title 42
of the Code of Federal Regulations, and shall be eligible for
federal Medicaid home- and community-based services funding.
(16) "Community crisis home" means a facility certified by the
State Department of Developmental Services pursuant to Article 8
(commencing with Section 4698) of Chapter 6 of Division 4.5 of the
Welfare and Institutions Code, and licensed by the State Department
of Social Services pursuant to Article 9.7 (commencing with Section
1567.80), as an adult residential facility, providing 24-hour
nonmedical care to individuals with developmental disabilities
receiving regional center service, in need of crisis intervention
services, and who would otherwise be at risk of admission to the
acute crisis center at Fairview Developmental Center, Sonoma
Developmental Center, an acute general hospital, acute psychiatric
hospital, an institution for mental disease, as described in Part 5
(commencing with Section 5900) of Division 5 of the Welfare and
Institutions Code, or an out-of-state placement. A community crisis
home shall have a maximum capacity of eight consumers, as defined in
subdivision (a) of Section 1567.80, shall conform to Section 441.530
(a)(1) of Title 42 of the Code of Federal Regulations, and shall be
eligible for federal Medicaid home- and community-based services
funding.
(17) "Crisis nursery" means a facility licensed by the department
to operate a program pursuant to Section 1516 to provide short-term
care and supervision for children under six years of age who are
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or stressful situation.
(18) "Short-term residential treatment center" means a residential
facility licensed by the department pursuant to Section 1562.01 and
operated by any public agency or private organization that provides
short-term, specialized, and intensive treatment, and 24-hour care
and supervision to children. The care and supervision provided by a
short-term residential treatment center shall be nonmedical, except
as otherwise permitted by law.
(19) "Private alternative boarding school" means a group home
licensed by the department to operate a program pursuant to Section
1502.2 to provide youth with 24-hour residential care and
supervision, which, in addition to providing educational services to
youth, provides, or holds itself out as providing, behavioral-based
services to youth with social, emotional, or behavioral issues. The
care and supervision provided by a private alternative boarding
school shall be nonmedical, except as otherwise permitted by law.
(20) "Private alternative outdoor program" means a group home
licensed by the department to operate a program pursuant to Section
1502.21 to provide youth with 24-hour residential care and
supervision, which provides, or holds itself out as providing,
behavioral-based services in an outdoor living setting to youth with
social, emotional, or behavioral issues. The care and supervision
provided by a private alternative outdoor program shall be
nonmedical, except as otherwise permitted by law.
(b) "Department" or "state department" means the State Department
of Social Services.
(c) "Director" means the Director of Social Services.
SEC. 2.1. Section 1502 of the Health and Safety Code is amended to
read:
1502. (a) As used in this chapter:
(1) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
(A) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
(B) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
(C) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
(D) "Foster family agency" means any public agency or private
organization engaged in the recruiting, certifying, and training of,
and providing professional support to, foster parents, or in finding
homes or other places for placement of children for temporary or
permanent care who require that level of care. Private foster family
agencies shall be organized and operated on a nonprofit basis.
(E) "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. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
(F) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
(G) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
(H) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Health Care Services pursuant
to Section 4094 of the Welfare and Institutions Code.
(I) (i) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(I) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
(II) Assesses the birth parents, prospective adoptive parents, or
child.
(III) Places children for adoption.
(IV) Supervises adoptive placements.
(ii) Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to
provide intercountry adoption services, a full-service adoption
agency shall be accredited and in good standing according to Part 96
of Title 22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider, in
compliance with Subpart F (commencing with Section 96.29) of Part 96
of Title 22 of the Code of Federal Regulations.
(J) (i) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(I) Assesses the prospective adoptive parents.
(II) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
(III) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
(ii) Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to
provide intercountry adoption services, a noncustodial adoption
agency shall be accredited and in good standing according to Part 96
of Title 22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider, in
compliance with Subpart F (commencing with Section 96.29) of Part 96
of Title 22 of the Code of Federal Regulations.
(K) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
(L) "Transitional housing placement provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age and
not more than 18 years of age, and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, to promote their transition to adulthood. A transitional
housing placement provider shall be privately operated and organized
on a nonprofit basis.
(M) "Group home" means a residential facility that provides
24-hour care and supervision to children, delivered at least in part
by staff employed by the licensee in a structured environment. The
care and supervision provided by a group home shall be nonmedical,
except as otherwise permitted by law.
(N) "Runaway and homeless youth shelter" means a group home
licensed by the department to operate a program pursuant to Section
1502.35 to provide voluntary, short-term shelter and personal
services to runaway youth or homeless youth, as defined in paragraph
(2) of subdivision (a) of Section 1502.35.
(O) "Enhanced behavioral supports home" means a facility certified
by the State Department of Developmental Services pursuant to
Article 3.6 (commencing with Section 4684.80) of Chapter 6 of
Division 4.5 of the Welfare and Institutions Code, and licensed by
the State Department of Social Services as an adult residential
facility or a group home that provides 24-hour nonmedical care to
individuals with developmental disabilities who require enhanced
behavioral supports, staffing, and supervision in a homelike setting.
An enhanced behavioral supports home shall have a maximum capacity
of four consumers, shall conform to Section 441.530(a)(1) of Title 42
of the Code of Federal Regulations, and shall be eligible for
federal Medicaid home- and community-based services funding.
(P) "Community crisis home" means a facility certified by the
State Department of Developmental Services pursuant to Article 8
(commencing with Section 4698) of Chapter 6 of Division 4.5 of the
Welfare and Institutions Code, and licensed by the State Department
of Social Services pursuant to Article 9.7 (commencing with Section
1567.80), as an adult residential facility, providing 24-hour
nonmedical care to individuals with developmental disabilities
receiving regional center service, in need of crisis intervention
services, and who would otherwise be at risk of admission to the
acute crisis center at Fairview Developmental Center, Sonoma
Developmental Center, an acute general hospital, acute psychiatric
hospital, an institution for mental disease, as described in Part 5
(commencing with Section 5900) of Division 5 of the Welfare and
Institutions Code, or an out-of-state placement. A community crisis
home shall have a maximum capacity of eight consumers, as defined in
subdivision (a) of Section 1567.80, shall conform to Section 441.530
(a)(1) of Title 42 of the Code of Federal Regulations, and shall be
eligible for federal Medicaid home- and community-based services
funding.
(Q) "Crisis nursery" means a facility licensed by the department
to operate a program pursuant to Section 1516 to provide short-term
care and supervision for children under six years of age who are
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or stressful situation.
(R) "Short-term residential treatment center" means a residential
facility licensed by the department pursuant to Section 1562.01 and
operated by any public agency or private organization that provides
short-term, specialized, and intensive treatment, and 24-hour care
and supervision to children. The care and supervision provided by a
short-term residential treatment center shall be nonmedical, except
as otherwise permitted by law. A short-term residential treatment
center may be operated as a children's crisis residential center.
(S) "Children's crisis residential center" means a short-term
residential treatment center operated specifically to divert children
experiencing a mental health crisis from psychiatric
hospitalization.
(T) "Private alternative boarding school" means a group home
licensed by the department to operate a program pursuant to Section
1502.2 to provide youth with 24-hour residential care and
supervision, which, in addition to providing educational services to
youth, provides, or holds itself out as providing, behavioral-based
services to youth with social, emotional, or behavioral issues. The
care and supervision provided by a private alternative boarding
school shall be nonmedical, except as otherwise permitted by law.
(U) "Private alternative outdoor program" means a group home
licensed by the department to operate a program pursuant to Section
1502.21 to provide youth with 24-hour residential care and
supervision, which provides, or holds itself out as providing,
behavioral-based services in an outdoor living setting to youth with
social, emotional, or behavioral issues. The care and supervision
provided by a private alternative outdoor program shall be
nonmedical, except as otherwise permitted by law.
(2) "Department" or "state department" means the State Department
of Social Services.
(3) "Director" means the Director of Social Services.
(b) Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
SEC. 2.2. Section 1502 of the Health and Safety Code is amended to
read:
1502. As used in this chapter:
(a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
(1) "Residential facility" means any family home, group care
facility, or similar facility determined by the department, for
24-hour nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
(2) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
(3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social
rehabilitation services on less than a 24-hour basis to persons
under 18 years of age who would otherwise be placed in foster care or
who are returning to families from foster care. Program standards
for these facilities shall be developed by the department, pursuant
to Section 1530, in consultation with therapeutic day services and
foster care providers.
(4) "Foster family agency" means any public agency or private
organization, organized and operated on a nonprofit basis, engaged in
any of the following:
(A) Recruiting, certifying, approving, and training of, and
providing professional support to, foster parents and resource
families.
(B) Coordinating with county placing agencies to find homes for
foster children in need of care.
(C) Providing services and supports to licensed or certified
foster parents, county-approved resource families, and children to
the extent authorized by state and federal law.
(5) "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. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
(6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
(7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
(8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Health Care Services pursuant
to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
(9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or
child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assesses the prospective adoptive parents.
(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
(C) Cooperatively supervises adoption placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
(11) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
(12) "Transitional housing placement provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age and
not more than 18 years of age, and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, to promote their transition to adulthood. A transitional
housing placement provider shall be privately operated and organized
on a nonprofit basis.
(13) "Group home" means a residential facility that provides
24-hour care and supervision to children, delivered at least in part
by staff employed by the licensee in a structured environment. The
care and supervision provided by a group home shall be nonmedical,
except as otherwise permitted by law.
(14) "Runaway and homeless youth shelter" means a group home
licensed by the department to operate a program pursuant to Section
1502.35 to provide voluntary, short-term, shelter and personal
services to runaway youth or homeless youth, as defined in paragraph
(2) of subdivision (a) of Section 1502.35.
(15) "Enhanced behavioral supports home" means a facility
certified by the State Department of Developmental Services pursuant
to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of
Division 4.5 of the Welfare and Institutions Code, and licensed by
the State Department of Social Services as an adult residential
facility or a group home that provides 24-hour nonmedical care to
individuals with developmental disabilities who require enhanced
behavioral supports, staffing, and supervision in a homelike setting.
An enhanced behavioral supports home shall have a maximum capacity
of four consumers, shall conform to Section 441.530(a)(1) of Title 42
of the Code of Federal Regulations, and shall be eligible for
federal Medicaid home- and community-based services funding.
(16) "Community crisis home" means a facility certified by the
State Department of Developmental Services pursuant to Article 8
(commencing with Section 4698) of Chapter 6 of Division 4.5 of the
Welfare and Institutions Code, and licensed by the State Department
of Social Services pursuant to Article 9.7 (commencing with Section
1567.80), as an adult residential facility, providing 24-hour
nonmedical care to individuals with developmental disabilities
receiving regional center service, in need of crisis intervention
services, and who would otherwise be at risk of admission to the
acute crisis center at Fairview Developmental Center, Sonoma
Developmental Center, an acute general hospital, acute psychiatric
hospital, an institution for mental disease, as described in Part 5
(commencing with Section 5900) of Division 5 of the Welfare and
Institutions Code, or an out-of-state placement. A community crisis
home shall have a maximum capacity of eight consumers, as defined in
subdivision (a) of Section 1567.80, shall conform to Section 441.530
(a)(1) of Title 42 of the Code of Federal Regulations, and shall be
eligible for federal Medicaid home- and community-based services
funding.
(17) "Crisis nursery" means a facility licensed by the department
to operate a program pursuant to Section 1516 to provide short-term
care and supervision for children under six years of age who are
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or stressful situation.
(18) "Short-term residential therapeutic program" means a
residential facility operated by a public agency or private
organization and licensed by the department pursuant to Section
1562.01 that provides an integrated program of specialized and
intensive care and supervision, services and supports, treatment, and
short-term, 24-hour care and supervision to children. The care and
supervision provided by a short-term residential therapeutic program
shall be nonmedical, except as otherwise permitted by law. Private
short-term residential therapeutic programs shall be organized and
operated on a nonprofit basis.
(19) "Private alternative boarding school" means a group home
licensed by the department to operate a program pursuant to Section
1502.2 to provide youth with 24-hour residential care and
supervision, which, in addition to providing educational services to
youth, provides, or holds itself out as providing, behavioral-based
services to youth with social, emotional, or behavioral issues. The
care and supervision provided by a private alternative boarding
school shall be nonmedical, except as otherwise permitted by law.
(20) "Private alternative outdoor program" means a group home
licensed by the department to operate a program pursuant to Section
1502.21 to provide youth with 24-hour residential care and
supervision, which provides, or holds itself out as providing,
behavioral-based services in an outdoor living setting to youth with
social, emotional, or behavioral issues. The care and supervision
provided by a private alternative outdoor program shall be
nonmedical, except as otherwise permitted by law.
(b) "Department" or "state department" means the State Department
of Social Services.
(c) "Director" means the Director of Social Services.
SEC. 2.3. Section 1502 of the Health and Safety Code is amended to
read:
1502. (a) As used in this chapter:
(1) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
(A) "Residential facility" means any family home, group care
facility, or similar facility determined by the department, for
24-hour nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
(B) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
(C) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
(D) "Foster family agency" means any public agency or private
organization, organized and operated on a nonprofit basis, engaged in
any of the following:
(i) Recruiting, certifying, approving, and training of, and
providing professional support to, foster parents and resource
families.
(ii) Coordinating with county placing agencies to find homes for
foster children in need of care.
(iii) Providing services and supports to licensed or certified
foster parents, county-approved resource families, and children to
the extent authorized by state and federal law.
(E) "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. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
(F) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
(G) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
(H) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Health Care Services pursuant
to Section 4094 of the Welfare and Institutions Code.
(I) (i) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(I) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
(II) Assesses the birth parents, prospective adoptive parents, or
child.
(III) Places children for adoption.
(IV) Supervises adoptive placements.
(ii) Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to
provide intercountry adoption services, a full-service adoption
agency shall be accredited and in good standing according to Part 96
of Title 22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider, in
compliance with Subpart F (commencing with Section 96.29) of Part 96
of Title 22 of the Code of Federal Regulations.
(J) (i) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(I) Assesses the prospective adoptive parents.
(II) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
(III) Cooperatively supervises adoption placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
(ii) Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to
provide intercountry adoption services, a noncustodial adoption
agency shall be accredited and in good standing according to Part 96
of Title 22 of the Code of Federal Regulations, or supervised by an
accredited primary provider, or acting as an exempted provider, in
compliance with Subpart F (commencing with Section 96.29) of Part 96
of Title 22 of the Code of Federal Regulations.
(K) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
(L) "Transitional housing placement provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age and
not more than 18 years of age, and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, to promote their transition to adulthood. A transitional
housing placement provider shall be privately operated and organized
on a nonprofit basis.
(M) "Group home" means a residential facility that provides
24-hour care and supervision to children, delivered at least in part
by staff employed by the licensee in a structured environment. The
care and supervision provided by a group home shall be nonmedical,
except as otherwise permitted by law.
(N) "Runaway and homeless youth shelter" means a group home
licensed by the department to operate a program pursuant to Section
1502.35 to provide voluntary, short-term shelter and personal
services to runaway youth or homeless youth, as defined in paragraph
(2) of subdivision (a) of Section 1502.35.
(O) "Enhanced behavioral supports home" means a facility certified
by the State Department of Developmental Services pursuant to
Article 3.6 (commencing with Section 4684.80) of Chapter 6 of
Division 4.5 of the Welfare and Institutions Code, and licensed by
the State Department of Social Services as an adult residential
facility or a group home that provides 24-hour nonmedical care to
individuals with developmental disabilities who require enhanced
behavioral supports, staffing, and supervision in a homelike setting.
An enhanced behavioral supports home shall have a maximum capacity
of four consumers, shall conform to Section 441.530(a)(1) of Title 42
of the Code of Federal Regulations, and shall be eligible for
federal Medicaid home- and community-based services funding.
(P) "Community crisis home" means a facility certified by the
State Department of Developmental Services pursuant to Article 8
(commencing with Section 4698) of Chapter 6 of Division 4.5 of the
Welfare and Institutions Code, and licensed by the State Department
of Social Services pursuant to Article 9.7 (commencing with Section
1567.80), as an adult residential facility, providing 24-hour
nonmedical care to individuals with developmental disabilities
receiving regional center service, in need of crisis intervention
services, and who would otherwise be at risk of admission to the
acute crisis center at Fairview Developmental Center, Sonoma
Developmental Center, an acute general hospital, acute psychiatric
hospital, an institution for mental disease, as described in Part 5
(commencing with Section 5900) of Division 5 of the Welfare and
Institutions Code, or an out-of-state placement. A community crisis
home shall have a maximum capacity of eight consumers, as defined in
subdivision (a) of Section 1567.80, shall conform to Section 441.530
(a)(1) of Title 42 of the Code of Federal Regulations, and shall be
eligible for federal Medicaid home- and community-based services
funding.
(Q) "Crisis nursery" means a facility licensed by the department
to operate a program pursuant to Section 1516 to provide short-term
care and supervision for children under six years of age who are
voluntarily placed for temporary care by a parent or legal guardian
due to a family crisis or stressful situation.
(R) "Short-term residential therapeutic program" means a
residential facility operated by a public agency or private
organization and licensed by the department pursuant to Section
1562.01 that provides an integrated program of specialized and
intensive care and supervision, services and supports, treatment, and
short-term, 24-hour care and supervision to children. The care and
supervision provided by a short-term residential therapeutic program
shall be nonmedical, except as otherwise permitted by law. Private
short-term residential therapeutic programs shall be organized and
operated on a nonprofit basis. A short-term residential therapeutic
program may be operated as a children's crisis residential center.
(S) "Children's crisis residential center" means a short-term
residential therapeutic program operated specifically to divert
children experiencing a mental health crisis from psychiatric
hospitalization.
(T) "Private alternative boarding school" means a group home
licensed by the department to operate a program pursuant to Section
1502.2 to provide youth with 24-hour residential care and
supervision, which, in addition to providing educational services to
youth, provides, or holds itself out as providing, behavioral-based
services to youth with social, emotional, or behavioral issues. The
care and supervision provided by a private alternative boarding
school shall be nonmedical, except as otherwise permitted by law.
(U) "Private alternative outdoor program" means a group home
licensed by the department to operate a program pursuant to Section
1502.21 to provide youth with 24-hour residential care and
supervision, which provides, or holds itself out as providing,
behavioral-based services in an outdoor living setting to youth with
social, emotional, or behavioral issues. The care and supervision
provided by a private alternative outdoor program shall be
nonmedical, except as otherwise permitted by law.
(2) "Department" or "state department" means the State Department
of Social Services.
(3) "Director" means the Director of Social Services.
(b) Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
SEC. 3. Section 1502.2 is added to the Health and Safety Code, to
read:
1502.2. (a) Commencing January 1, 2018, the department shall
license private alternative boarding schools, as defined in paragraph
(19) of subdivision (a) of Section 1502, as a group home pursuant to
this chapter. A licensed private alternative boarding school shall
comply with all provisions of this chapter that are applicable to
group homes, unless otherwise indicated, and with this section.
(b) A licensed private alternative boarding school shall comply
with all of the following:
(1) It shall be owned and operated on a nonprofit basis by a
private nonprofit corporation or a nonprofit organization.
(2) It shall prepare and maintain a current, written plan of
operation, as defined by the department.
(3) It shall offer 24-hour, nonmedical care and supervision to
youth who voluntarily consent to being admitted to the program and
who are voluntarily admitted by his or her parent or legal guardian.
(4) (A) It shall not admit a child younger than 12 years of age.
(B) It shall not admit a youth who has been assessed by a licensed
mental health professional as seriously emotionally disturbed,
unless the youth does not require care in a licensed health facility
and the State Department of Health Care Services has certified the
facility as a program that meets the standards to provide mental
health treatment services for a child having a serious emotional
disturbance, as set forth in Section 4096.5 of the Welfare and
Institutions Code.
(5) It shall provide each prospective youth and his or her parent
or legal guardian with an accurate written description of the
programs and services to be provided. If it advertises or promotes
special care, programming, or environments for persons with
behavioral, emotional, or social challenges, the written description
shall include how its programs and services are intended to achieve
the advertised or promoted claims.
(6) It shall ensure that all individuals providing
behavioral-based services to youth at the facility are licensed or
certified by the appropriate agency, department, or accrediting body,
as specified by the department in regulation.
(7) It shall not use secure containment or manual or mechanical
restraints.
(8) If it offers access to, or holds itself out as offering access
to, mental health services, it shall ensure that those services are
provided by a licensed mental health provider.
(9) If it advertises or includes in its marketing materials
reference to providing alcohol or substance abuse treatment, it shall
ensure that the treatment is provided by a licensed or certified
alcoholism or drug abuse recovery or treatment facility.
(c) A private alternative boarding school shall submit a staff
training plan to the department as part of its plan of operation. In
addition to the training required of group home staff, the staff
training plan shall include, but not be limited to, training in all
of the following subject areas:
(1) Youth rights, as described in subdivision (d).
(2) Physical and psychosocial needs of youth.
(3) Appropriate responses to emergencies, including an emergency
intervention plan.
(4) Cultural competency and sensitivity in issues relating to the
lesbian, gay, bisexual, and transgender communities.
(5) Laws pertaining to residential care facilities
for youth.
(d) (1) A youth admitted to a licensed private alternative
boarding school shall be accorded the following rights and any other
rights adopted by the department in regulations, a list of which
shall be publicly posted and accessible to youth. The personal rights
enumerated in Section 84072 of Title 22 of the California Code of
Regulations shall not apply.
(A) To be accorded dignity in his or her personal relationships
with staff, youth, and other persons.
(B) To live in a safe, healthy, and comfortable environment where
he or she is treated with respect.
(C) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(D) To be granted a reasonable level of personal privacy in
accommodations, personal care and assistance, and visits.
(E) To confidential care of his or her records and personal
information, and to approve release of those records prior to
release, except as otherwise authorized or required by law.
(F) To care, supervision, and services that meet his or her
individual needs and that are delivered by staff who are sufficient
in numbers, qualifications, and competency to meet his or her needs
and ensure his or her safety.
(G) To be served food and beverages of the quality and in the
quantity necessary to meet his or her nutritional and physical needs.
(H) (i) To present grievances and recommend changes in policies,
procedures, and services to the facility's staff, management, and
governing authority, or any other person without restraint, coercion,
discrimination, reprisal, or other retaliatory actions.
(ii) To have the licensee take prompt actions to respond to
grievances presented pursuant to clause (i).
(I) To be able to contact parents or legal guardians, including
visits and scheduled and unscheduled private telephone conversations,
written correspondence, and electronic communications, unless
prohibited by court order.
(J) To be fully informed, as evidenced by the youth's written
acknowledgment, prior to, or at the time of, admission at the
facility, of all the rules governing the youth's conduct and
responsibilities.
(K) To receive in the admission agreement information that details
the planned programs and services for the youth.
(L) To have his or her parents or legal guardians remove him or
her from the facility.
(M) To consent to have visitors or telephone calls during
reasonable hours, privately and without prior notice, if the visitors
or telephone calls do not disrupt planned activities and are not
prohibited by court order or by the youth's parent or legal guardian.
(N) To be free of corporal punishment, physical restraints of any
kind, and deprivation of basic necessities, including education, as a
punishment, deterrent, or incentive.
(O) To have caregivers who have received instruction on cultural
competency and sensitivity relating to, and best practices for,
providing adequate care to lesbian, gay, bisexual, and transgender
youth in out-of-home care.
(P) To be free from acts that seek to change his or her sexual
orientation, including efforts to change his or her gender
expressions, or to eliminate or reduce sexual or romantic attractions
or feelings toward individuals of the same sex.
(Q) To have fair and equal access to all available services,
placement, care, treatment, and benefits and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(R) To be free from abusive, humiliating, degrading, or
traumatizing actions.
(2) Paragraph (1) shall not be interpreted to require a licensed
private alternative boarding school to take any action that would
impair the health or safety of youth in the facility.
(e) (1) A licensed private alternative boarding school is not an
eligible placement option pursuant to Section 319, 361.2, 450, or 727
of the Welfare and Institutions Code.
(2) A licensed private alternative boarding school shall not be
eligible for a rate pursuant to Section 11462 of the Welfare and
Institutions Code.
(f) This section does not apply to any facility operated,
licensed, or certified by the Department of Corrections and
Rehabilitation and its Division of Juvenile Justice, the California
Conservation Corps, the Military Department, or any other
governmental entity or to a boarding school that solely focuses on
academics.
(g) (1) On or before January 1, 2018, the department shall adopt
regulations to implement this section, in consultation with
interested parties, including representatives of private alternative
boarding schools, former residents of private alternative boarding
schools, and advocates for youth. Until regulations are adopted and
become effective pursuant to the Administrative Procedure Act,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, a private alternative boarding
school shall be governed by the regulations applicable to group
homes, Chapter 5 (commencing with Section 84000) of Division 6 of
Title 22 of the California Code of Regulations.
(2) The department may adopt emergency regulations to implement
this section. The adoption, amendment, repeal, or readoption of a
regulation authorized by this section is deemed to address an
emergency, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the department is hereby exempted for this
purpose from the requirements of subdivision (b) of Section 11346.1
of the Government Code.
(h) A private alternative boarding school operating prior to
January 1, 2018, shall comply with licensing requirements on or
before July 1, 2018.
(i) For the purpose of this section, "youth" means a person who is
12 to 17 years of age, inclusive, or a person who is 18 years of age
if he or she is completing high school or its equivalent.
SEC. 4. Section 1502.21 is added to the Health and Safety Code, to
read:
1502.21. (a) Commencing January 1, 2019, the department shall
license private alternative outdoor programs, as defined in paragraph
(20) of subdivision (a) of Section 1502, as a group home pursuant to
this chapter. A private alternative outdoor program shall comply
with the provisions of this chapter that are applicable to group
homes, unless otherwise indicated, and with this section.
(b) A licensed private alternative outdoor program shall comply
with all of the following:
(1) It shall be owned and operated on a nonprofit basis by a
private nonprofit corporation or a nonprofit organization.
(2) It shall prepare and maintain a current, written plan of
operation, as defined by the department.
(3) It shall offer 24-hour, nonmedical care and supervision to
youth who voluntarily consent to being admitted to the program and
who are voluntarily admitted by his or her parent or legal guardian.
(4) It shall have a ratio of one staff person to every four
youths.
(5) (A) It shall not admit a child who is younger than 12 years of
age.
(B) It shall not admit a youth who has been assessed by a licensed
mental health professional as seriously emotionally disturbed,
unless the youth does not require care in a licensed health facility
and the State Department of Health Care Services has certified the
program as a program that meets the standards to provide mental
health treatment services for a child having a serious emotional
disturbance, as set forth in Section 4096.5 of the Welfare and
Institutions Code.
(6) It shall provide each prospective youth and his or her parent
or legal guardian with an accurate written description of the
programs and services to be provided. If it advertises or promotes
special care, programming, or environments for persons with
behavioral, emotional, or social challenges, the written description
shall include how its programs and services are intended to achieve
the advertised or promoted claims.
(7) It shall ensure that all individuals providing
behavioral-based services to youth in the program are licensed or
certified by the appropriate agency, department, or accrediting body,
as specified by the department in regulation.
(8) It shall not use secure containment or manual or mechanical
restraints.
(9) If it offers access to, or holds itself out as offering access
to, mental health services, it shall ensure that those services are
provided by a licensed mental health provider.
(10) If it advertises or includes in its marketing materials
reference to providing alcohol or substance abuse treatment, it shall
ensure that the treatment is provided by a licensed or certified
alcoholism or drug abuse recovery or treatment facility.
(c) (1) In addition to the training required of group home staff
by department regulations, a staff member of a licensed private
alternative outdoor program who supervises youth shall receive an
additional number of hours of initial and annual training, to be
determined by the department in regulations developed in consultation
with stakeholders.
(2) A private alternative outdoor program shall submit a staff
training plan to the department as part of its plan of operation. The
staff training plan shall provide for the number of additional
initial and annual training hours required by paragraph (1) and shall
include, but not be limited to, training in all of the following
subject areas:
(A) Youth rights, as described in subdivision (d).
(B) Physical and psychosocial needs of youth.
(C) Appropriate responses to emergencies, including an emergency
intervention plan.
(D) Cultural competency and sensitivity in issues relating to the
lesbian, gay, bisexual, and transgender communities.
(E) Laws pertaining to residential care facilities for youth.
(F) Low-impact camping.
(G) Navigation skills.
(H) Water, food, and shelter procurement.
(I) Recognition of poisonous plants.
(J) Wilderness first aid.
(K) Health issues related to acclimation and exposure.
(L) Report writing and log maintenance.
(d) (1) A youth admitted to a licensed private alternative outdoor
program shall be accorded the following rights and any other rights
adopted by the department by regulation, a list of which shall be
publicly posted and accessible to youth. The personal rights
enumerated in Section 84072 of Title 22 of the California Code of
Regulations shall not apply.
(A) To be accorded dignity in his or her personal relationships
with staff, youth, and other persons.
(B) To live in a safe, healthy, and comfortable environment where
he or she is treated with respect.
(C) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(D) To be granted a reasonable level of personal privacy in
accommodations, personal care and assistance, and visits.
(E) To confidential care of his or her records and personal
information, and to approve release of those records prior to
release, except as otherwise authorized or required by law.
(F) To care, supervision, and services that meet his or her
individual needs and that are delivered by staff who are sufficient
in numbers, qualifications, and competency to meet his or her needs
and ensure his or her safety.
(G) To be served food and beverages of the quality and in the
quantity necessary to meet his or her nutritional and physical needs.
(H) (i) To present grievances and recommend changes in policies,
procedures, and services to the program's staff, management, and
governing authority, or any other person without restraint, coercion,
discrimination, reprisal, or other retaliatory actions.
(ii) To have the licensee take prompt actions to respond to
grievances presented pursuant to clause (i).
(I) To be able to contact parents or legal guardians, including
visits and scheduled and unscheduled private telephone conversations,
written correspondence, and electronic communications, unless
prohibited by court order.
(J) To be fully informed, as evidenced by the youth's written
acknowledgment, prior to, or at the time of, admission in the
program, of all the rules governing the youth's conduct and
responsibilities.
(K) To receive in the admission agreement information that details
the planned programs and services for the youth.
(L) To have his or her parents or legal guardians remove him or
her from the program.
(M) To consent to have visitors or telephone calls during
reasonable hours, privately and without prior notice, provided the
visitors or telephone calls do not disrupt planned activities and are
not prohibited by court order or by the youth's parent or legal
guardian.
(N) To be free of corporal punishment, physical restraints of any
kind, and deprivation of basic necessities, including education, as a
punishment, deterrent, or incentive.
(O) To have caregivers who have received instruction on cultural
competency and sensitivity relating to, and best practices for,
providing adequate care to lesbian, gay, bisexual, and transgender
youth in out-of-home care.
(P) To be free from acts that seek to change his or her sexual
orientation, including efforts to change his or her gender
expressions, or to eliminate or reduce sexual or romantic attractions
or feelings toward individuals of the same sex.
(Q) To have fair and equal access to all available services,
placement, care, treatment, and benefits and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(R) To be free from abusive, humiliating, degrading, or
traumatizing actions.
(2) Paragraph (1) shall not be interpreted to require a licensed
private alternative outdoor program to take any action that would
impair the health or safety of youth in the program.
(e) (1) A licensed private alternative outdoor program is not an
eligible placement option pursuant to Section 319, 361.2, 450, or 727
of the Welfare and Institutions Code.
(2) A licensed private alternative outdoor program shall not be
eligible for a rate pursuant to Section 11462 of the Welfare and
Institutions Code.
(f) This section does not apply to programs operated, licensed, or
certified by the Department of Corrections and Rehabilitation and
its Division of Juvenile Justice, the California Conservation Corps,
or the Military Department, programs operated by any governmental
entity, any organized camp as defined in Section 18897, outdoor
activities for youth designed to be primarily recreational,
including, but not limited to, activities organized by Outward Bound,
Boy Scouts, Girl Scouts, Camp Fire, or other similar organizations,
or any camp exclusively serving children with a medical diagnosis for
a physical condition or illness, including, but not limited to,
cancer, muscular dystrophy, or burn injuries.
(g) (1) On or before January 1, 2019, the department shall adopt
regulations to implement this section in consultation with interested
parties, including representatives of private alternative outdoor
programs, former participants in private alternative outdoor
programs, and advocates for youth. Regulations adopted pursuant to
this section shall be contained in the regulations applicable to
group homes in Chapter 5 (commencing with Section 84000) of Division
6 of Title 22 of the California Code of Regulations.
(2) The department may adopt emergency regulations to implement
this section. The adoption, amendment, repeal, or readoption of a
regulation authorized by this section is deemed to address an
emergency, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the department is hereby exempted for this
purpose from the requirements of subdivision (b) of Section 11346.1
of the Government Code.
(h) A private alternative outdoor program operating prior January
1, 2019, shall comply with licensing requirements on or before July
1, 2019.
(i) For the purpose of this section, "youth" means a person who is
12 to 17 years of age, inclusive, or a person who is 18 years of age
if he or she is completing high school or its equivalent.
SEC. 5. Section 1505 of the Health and Safety Code is amended to
read:
1505. This chapter does not apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any juvenile placement facility approved by the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, or any
juvenile hall operated by a county.
(d) Any place in which a juvenile is judicially placed pursuant to
subdivision (a) of Section 727 of the Welfare and Institutions Code.
(e) Any child day care facility, as defined in Section 1596.750.
(f) (1) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
solely upon prayer or spiritual means for healing in the practice of
the religion of the church or denomination.
(2) A private alternative boarding school or private alternative
outdoor program, as defined in subdivision (a) of Section 1502, that
uses prayer or spiritual means as a component of its programming or
services in addition to behavioral-based services is subject to
licensure under this chapter.
(g) Any school dormitory or similar facility determined by the
department, except a private alternative boarding school or private
alternative outdoor program as defined in subdivision (a) of Section
1502.
(h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element of
care as determined by the director.
(i) Recovery houses or other similar facilities providing group
living arrangements for adults recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
(j) Any alcoholism or drug abuse recovery or treatment facility as
defined in Section 11834.02.
(k) Any arrangement for the receiving and care of persons by a
relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and
occurs only occasionally and irregularly, as defined by regulations
of the department. For purposes of this chapter, arrangements for the
receiving and care of persons by a relative shall include relatives
of the child for the purpose of keeping sibling groups together.
(l) (1) Any home of a relative caregiver of children who are
placed by a juvenile court, supervised by the county welfare or
probation department, and the placement of whom is approved according
to subdivision (d) of Section 309 of the Welfare and Institutions
Code.
(2) Any home of a nonrelative extended family member, as described
in Section 362.7 of the Welfare and Institutions Code, providing
care to children who are placed by a juvenile court, supervised by
the county welfare or probation department, and the placement of whom
is approved according to subdivision (d) of Section 309 of the
Welfare and Institutions Code.
(3) On and after January 1, 2012, any supervised independent
living placement for nonminor dependents, as defined in subdivision
(w) of Section 11400 of the Welfare and Institutions Code, who are
placed by the juvenile court, supervised by the county welfare
department, probation department, Indian tribe, consortium of tribes,
or tribal organization that entered into an agreement pursuant to
Section 10553.1 of the Welfare and Institutions Code, and whose
placement is approved pursuant to subdivision (k) of Section 11400 of
the Welfare and Institutions Code.
(4) A Transitional Housing Program-Plus, as defined in subdivision
(s) of Section 11400 of the Welfare and Institutions Code, that
serves only eligible former foster youth over 18 years of age who
have exited from the foster care system on or after their 18th
birthday, and that has obtained certification from the applicable
county in accordance with subdivision (c) of Section 16522 of the
Welfare and Institutions Code.
(m) Any supported living arrangement for individuals with
developmental disabilities, as defined in Section 4689 of the Welfare
and Institutions Code.
(n) (1) Any family home agency, family home, or family teaching
home as defined in Section 4689.1 of the Welfare and Institutions
Code, that is vendored by the State Department of Developmental
Services and that does any of the following:
(A) As a family home approved by a family home agency, provides
24-hour care for one or two adults with developmental disabilities in
the residence of the family home provider or providers and the
family home provider or providers' family, and the provider is not
licensed by the State Department of Social Services or the State
Department of Public Health or certified by a licensee of the State
Department of Social Services or the State Department of Public
Health.
(B) As a family teaching home approved by a family home agency,
provides 24-hour care for a maximum of three adults with
developmental disabilities in independent residences, whether
contiguous or attached, and the provider is not licensed by the State
Department of Social Services or the State Department of Public
Health or certified by a licensee of the State Department of Social
Services or the State Department of Public Health.
(C) As a family home agency, engages in recruiting, approving, and
providing support to family homes.
(2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home licensing
category.
(o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (Chapter 21 (commencing
with Section 1901) of Title 25 of the United States Code) are placed
and that is one of the following:
(1) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(2) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(p) (1) (A) Any housing occupied by elderly or disabled persons,
or both, that is initially approved and operated under a regulatory
agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C.
Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec.
8013), or whose mortgage is insured pursuant to Section 236 of Public
Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage
assistance pursuant to Section 221d (3) of Public Law 87-70 (12
U.S.C. Sec. 1715 l ), where supportive services are made
available to residents at their option, as long as the project owner
or operator does not contract for or provide the supportive services.
(B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
(2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.
(q) A resource family, as defined in Section 16519.5 of the
Welfare and Institutions Code.
(r) Any similar facility determined by the director.
SEC. 6. Section 1507.6 of the Health and Safety Code is amended to
read:
1507.6. (a) Mental health services, as deemed necessary by the
placing agency, may be provided to children in a group home. Except
for the physical safety and direct care and supervision of children
so placed, the State Department of Social Services and its agents
shall not evaluate or have responsibility or liability for the
evaluation of mental health services provided in those homes.
Supervision of mental health treatment services provided to a child
in a group home shall be a case management responsibility of the
placing agency.
(b) (1) Psychotropic medications shall be used only in accordance
with the written directions of the physician prescribing the
medication and as authorized by the juvenile court pursuant to
Section 369.5 or 739.5 of the Welfare and Institutions Code.
(2) The facility shall maintain in a child's records all of the
following information:
(A) A copy of any court order authorizing the psychotropic
medication for the child.
(B) A separate log for each psychotropic medication prescribed for
the child, showing all of the following:
(i) The name of the medication.
(ii) The date of the prescription.
(iii) The quantity of medication and number of refills initially
prescribed.
(iv) When applicable, any additional refills prescribed.
(v) The required dosage and directions for use as specified in
writing by the physician prescribing the medication, including any
changes directed by the physician.
(vi) The date and time of each dose taken by the child.
(3) This subdivision does not apply to a runaway and homeless
youth shelter, as defined in Section 1502.
(4) The requirements regarding juvenile court authorization, as
described in paragraph (1), and maintaining a copy of any court
order, as described in subparagraph (A) of paragraph (2), shall only
apply to private alternative boarding schools and private alternative
outdoor programs, as defined in Section 1502, as otherwise required
by applicable law.
SEC. 7. Section 1522.06 of the Health and Safety Code is amended
to read:
1522.06. (a) Individuals who are volunteer candidates for
mentoring children in foster care settings, as defined by the
department, in private alternative boarding schools, or in private
alternative outdoor programs, shall be subject to a criminal
background investigation prior to having unsupervised contact with
the children. The criminal background check shall be initiated and
conducted pursuant to either Sections 1522 and 1522.1 or Section
1596.603, as applicable. Sections 1522 and 1522.1 may be utilized by
a county social services agency in cooperation
with, or as a component of, a licensed foster
family agency.
(b) (1) The Department of Justice shall not charge a processing
fee with respect to any individual to whom subdivision (a) applies
for a state-level criminal offender record information search
pursuant to Section 1522.
(2) The State Department of Social Services shall not charge a fee
for the cost of a criminal background investigation under Section
1522 with respect to any individual to whom subdivision (a) applies.
SEC. 8. Section 1522.44 of the Health and Safety Code is amended
to read:
1522.44. (a) It is the policy of the state that caregivers of
children in foster care possess knowledge and skills relating to the
reasonable and prudent parent standard, as defined in subdivision (c)
of Section 362.05 of the Welfare and Institutions Code.
(b) Except for licensed foster family homes and certified family
homes, each licensed community care facility that provides care and
supervision to children and operates with staff shall designate at
least one onsite staff member to apply the reasonable and prudent
parent standard to decisions involving the participation of a child
who is placed in the facility in age or developmentally appropriate
activities in accordance with the requirements of Section 362.05 of
the Welfare and Institutions Code, Section 671(a)(10) of Title 42 of
the United States Code, and the regulations adopted by the department
pursuant to this chapter.
(c) A licensed and certified foster parent or facility staff
member, as described in subdivision (b), shall receive training
related to the reasonable and prudent parent standard that is
consistent with Section 671(a)(24) of Title 42 of the United States
Code. This training shall include knowledge and skills relating to
the reasonable and prudent parent standard for the participation of
the child in age or developmentally appropriate activities, including
knowledge and skills relating to the developmental stages of the
cognitive, emotional, physical, and behavioral capacities of a child,
and knowledge and skills relating to applying the standard to
decisions such as whether to allow the child to engage in
extracurricular, enrichment, cultural, and social activities,
including sports, field trips, and overnight activities lasting one
or more days, and to decisions involving the signing of permission
slips and arranging of transportation for the child to and from
extracurricular, enrichment, and social activities.
(d) This section does not apply to a runaway and homeless youth
shelter, a private alternative boarding school, or a private
alternative outdoor program, as those terms are defined,
respectively, in subdivision (a) of Section 1502.
SEC. 8.5. Section 1522.44 of the Health and Safety Code is amended
to read:
1522.44. (a) It is the policy of the state that caregivers of
children in foster care possess knowledge and skills relating to the
reasonable and prudent parent standard, as defined in subdivision (c)
of Section 362.05 of the Welfare and Institutions Code.
(b) Except for licensed foster family homes, certified family
homes, and resource families approved by a foster family agency, each
licensed community care facility that provides care and supervision
to children and operates with staff shall designate at least one
onsite staff member to apply the reasonable and prudent parent
standard to decisions involving the participation of a child who is
placed in the facility in age or developmentally appropriate
activities in accordance with the requirements of Section 362.05 of
the Welfare and Institutions Code, Section 671(a)(10) of Title 42 of
the United States Code, and the regulations adopted by the department
pursuant to this chapter.
(c) A licensed and certified foster parent, resource family, or
facility staff member, as described in subdivision (b), shall receive
training related to the reasonable and prudent parent standard that
is consistent with Section 671(a)(24) of Title 42 of the United
States Code. This training shall include knowledge and skills
relating to the reasonable and prudent parent standard for the
participation of the child in age or developmentally appropriate
activities, including knowledge and skills relating to the
developmental stages of the cognitive, emotional, physical, and
behavioral capacities of a child, and knowledge and skills relating
to applying the standard to decisions such as whether to allow the
child to engage in extracurricular, enrichment, cultural, and social
activities, including sports, field trips, and overnight activities
lasting one or more days, and to decisions involving the signing of
permission slips and arranging of transportation for the child to and
from extracurricular, enrichment, and social activities.
(d) This section does not apply to a runaway and homeless youth
shelter, a private alternative boarding school, or a private
alternative outdoor program, as those terms are defined,
respectively, in subdivision (a) of Section 1502.
SEC. 9. Section 1523.1 of the Health and Safety Code is amended to
read:
1523.1. (a) (1) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license. After initial licensure, a fee shall be charged by the
department annually on each anniversary of the effective date of the
license. The fees are for the purpose of financing the activities
specified in this chapter. Fees shall be assessed as follows, subject
to paragraph (2):
Fee Schedule
Initial
Facility Type Capacity Application Annual
Foster Family
and
$3,025 $1,513
Adoption
Agencies
1-15 $182 $91
16-30 $303 $152
31-60 $605 $303
Adult Day
Programs 61-75 $758 $378
76-90 $908 $454
91-120 $1,210 $605
121+ $1,513 $757
1-3 $454 $454
Other Community 4-6 $908 $454
Care Facilities 7-15 $1,363 $681
16-30 $1,815 $908
31-49 $2,270 $1,135
50-74 $2,725 $1,363
75-100 $3,180 $1,590
101-150 $3,634 $1,817
151-200 $4,237 $2,119
201-250 $4,840 $2,420
251-300 $5,445 $2,723
301-350 $6,050 $3,025
351-400 $6,655 $3,328
401-500 $7,865 $3,933
501-600 $9,075 $4,538
601-700 $10,285 $5,143
701+ $12,100 $6,050
(2) (A) The Legislature finds that all revenues generated by fees
for licenses computed under this section and used for the purposes
for which they were imposed are not subject to Article XIII B of the
California Constitution.
(B) The department, at least every five years, shall analyze
initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall recommend
to the Legislature that fees established by the Legislature be
adjusted as necessary to ensure that the amounts are appropriate.
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the current annual fee, in
addition to the current annual fee for that category and capacity
for each year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established current annual fee when any licensee fails to pay the
current annual licensing fee on or before the due date as indicated
by postmark on the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior to
the date specified in the plan.
(I) Additional fees established by the department by regulation
for private alternative boarding schools and private alternative
outdoor programs, as necessary to regulate those licensees.
(2) Foster family homes shall be exempt from the fees imposed
pursuant to this subdivision.
(3) Foster family agencies shall be annually assessed eighty-eight
dollars ($88) for each home certified by the agency.
(4) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter which serves six or fewer persons.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program. The department
shall adjust the fees collected pursuant to this section as
necessary to ensure that they do not exceed the costs described in
this paragraph.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use of this revenue, as approved by the Director of Finance, to the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit a
budget change proposal to justify any positions or any other related
support costs on an ongoing basis.
(d) A facility may use a bona fide business check to pay the
license fee required under this section.
(e) The failure of an applicant or licensee to pay all applicable
and accrued fees and civil penalties shall constitute grounds for
denial or forfeiture of a license.
SEC. 9.5. Section 1523.1 of the Health and Safety Code is amended
to read:
1523.1. (a) (1) An application fee adjusted by facility and
capacity shall be charged by the department for the issuance of a
license. After initial licensure, a fee shall be charged by the
department annually on each anniversary of the effective date of the
license. The fees are for the purpose of financing the activities
specified in this chapter. Fees shall be assessed as follows, subject
to paragraph (2):
Fee Schedule
Initial
Facility Type Capacity Application Annual
Foster Family
and
$3,025 $1,513
Adoption
Agencies
1-15 $182 $91
16-30 $303 $152
31-60 $605 $303
Adult Day
Programs 61-75 $758 $378
76-90 $908 $454
91-120 $1,210 $605
121+ $1,513 $757
1-3 $454 $454
Other Community 4-6 $908 $454
Care Facilities 7-15 $1,363 $681
16-30 $1,815 $908
31-49 $2,270 $1,135
50-74 $2,725 $1,363
75-100 $3,180 $1,590
101-150 $3,634 $1,817
151-200 $4,237 $2,119
201-250 $4,840 $2,420
251-300 $5,445 $2,723
301-350 $6,050 $3,025
351-400 $6,655 $3,328
401-500 $7,865 $3,933
501-600 $9,075 $4,538
601-700 $10,285 $5,143
701+ $12,100 $6,050
(2) (A) The Legislature finds that all revenues generated by fees
for licenses computed under this section and used for the purposes
for which they were imposed are not subject to Article XIII B of the
California Constitution.
(B) The department, at least every five years, shall analyze
initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall recommend
to the Legislature that fees established by the Legislature be
adjusted as necessary to ensure that the amounts are appropriate.
(b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
(A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
(B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
(C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
(D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
(E) A probation monitoring fee equal to the current annual fee, in
addition to the current annual fee for that category and capacity
for each year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
(F) A late fee that represents an additional 50 percent of the
established current annual fee when any licensee fails to pay the
current annual licensing fee on or before the due date as indicated
by postmark on the payment.
(G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
(H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior to
the date specified in the plan.
(I) Additional fees established by the department by regulation
for private alternative boarding schools and private alternative
outdoor programs, as necessary to regulate those licensees.
(2) Foster family homes and resource family homes approved by a
foster family agency shall be exempt from the fees imposed pursuant
to this subdivision.
(3) Foster family agencies shall be annually assessed eighty-eight
dollars ($88) for each certified family home and resource family
certified or approved by the agency.
(4) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter which serves six or fewer persons.
(c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program. The department
shall adjust the fees collected pursuant to this section as
necessary to ensure that they do not exceed the costs described in
this paragraph.
(2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use of this revenue, as approved by the Director of Finance, to the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit a
budget change proposal to justify any positions or any other related
support costs on an ongoing basis.
(d) A facility may use a bona fide business check to pay the
license fee required under this section.
(e) The failure of an applicant or licensee to pay all applicable
and accrued fees and civil penalties shall constitute grounds for
denial or forfeiture of a license.
SEC. 10. Section 1538.8 of the Health and Safety Code is amended
to read:
1538.8. (a) (1) In order to review and evaluate the use of
psychotropic medications in group homes, the department shall
compile, to the extent feasible and not otherwise prohibited by law
and based on information received from the State Department of Health
Care Services, at least annually, information concerning each group
home, including, but not limited to, the child welfare psychotropic
medication measures developed by the department and the following
Healthcare Effectiveness Data and Information Set (HEDIS) measures
related to psychotropic medications:
(A) Follow-Up Care for Children Prescribed Attention Deficit
Hyperactivity Disorder Medication (HEDIS ADD), which measures the
number of children 6 to 12 years of age, inclusive, who have a visit
with a provider with prescribing authority within 30 days of the new
prescription.
(B) Use of Multiple Concurrent Antipsychotics in Children and
Adolescents (HEDIS APC), which does both of the following:
(i) Measures the number of children receiving an antipsychotic
medication for at least 60 out of 90 days and the number of children
who additionally receive a second antipsychotic medication that
overlaps with the first.
(ii) Reports a total rate and age stratifications including 6 to
11 years of age, inclusive, and 12 to 17 years of age, inclusive.
(C) Use of First-Line Psychosocial Care for Children and
Adolescents on Antipsychotics (HEDIS APP), which measures whether a
child has received psychosocial services 90 days before through 30
days after receiving a new prescription for an antipsychotic
medication.
(D) Metabolic Monitoring for Children and Adolescents on
Antipsychotics (HEDIS APM), which does both of the following:
(i) Measures testing for glucose or HbA1c and lipid or cholesterol
of a child who has received at least two different antipsychotic
prescriptions on different days.
(ii) Reports a total rate and age stratifications including 6 to
11 years of age, inclusive, and 12 to 17 years of age, inclusive.
(2) The department shall post the list of data to be collected
pursuant to this subdivision on the department's Internet Web site.
(b) The data in subdivision (a) concerning psychotropic
medication, mental health services, and placement shall be drawn from
existing data maintained by the State Department of Health Care
Services and the State Department of Social Services and shared
pursuant to a data sharing agreement meeting the requirements of all
applicable state and federal laws and regulations.
(c) This section does not apply to a runaway and homeless youth
shelter, a private alternative boarding school, or a private
alternative outdoor program, as those terms are defined,
respectively, in Section 1502.
SEC. 10.5. Section 1538.8 of the Health and Safety Code is amended
to read:
1538.8. (a) (1) In order to review and evaluate the use of
psychotropic medications in group homes and short-term residential
therapeutic programs, the department shall compile, to the extent
feasible and not otherwise prohibited by law and based on information
received from the State Department of Health Care Services, at least
annually, information concerning each group home and short-term
residential therapeutic program, including, but not limited to, the
child welfare psychotropic medication measures developed by the
department and the following Healthcare Effectiveness Data and
Information Set (HEDIS) measures related to psychotropic medications:
(A) Follow-Up Care for Children Prescribed Attention Deficit
Hyperactivity Disorder Medication (HEDIS ADD), which measures the
number of children 6 to 12 years of age, inclusive, who have a visit
with a provider with prescribing authority within 30 days of the new
prescription.
(B) Use of Multiple Concurrent Antipsychotics in Children and
Adolescents (HEDIS APC), which does both of the following:
(i) Measures the number of children receiving an antipsychotic
medication for at least 60 out of 90 days and the number of children
who additionally receive a second antipsychotic medication that
overlaps with the first.
(ii) Reports a total rate and age stratifications including 6 to
11 years of age, inclusive, and 12 to 17 years of age, inclusive.
(C) Use of First-Line Psychosocial Care for Children and
Adolescents on Antipsychotics (HEDIS APP), which measures whether a
child has received psychosocial services 90 days before through 30
days after receiving a new prescription for an antipsychotic
medication.
(D) Metabolic Monitoring for Children and Adolescents on
Antipsychotics (HEDIS APM), which does both of the following:
(i) Measures testing for glucose or HbA1c and lipid or cholesterol
of a child who has received at least two different antipsychotic
prescriptions on different days.
(ii) Reports a total rate and age stratifications including 6 to
11 years of age, inclusive, and 12 to 17 years of age, inclusive.
(2) The department shall post the list of data to be collected
pursuant to this subdivision on the department's Internet Web site.
(b) The data in subdivision (a) concerning psychotropic
medication, mental health services, and placement shall be drawn from
existing data maintained by the State Department of Health Care
Services and the State Department of Social Services and shared
pursuant to a data sharing agreement meeting the requirements of all
applicable state and federal laws and regulations.
(c) This section does not apply to a runaway and homeless youth
shelter, a private alternative boarding school, or a private
alternative outdoor program, as those terms are defined,
respectively, in Section 1502.
SEC. 11. Section 1538.9 of the Health and Safety Code is amended
to read:
1538.9. (a) (1) (A) The department shall consult with the State
Department of Health Care Services and stakeholders to establish a
methodology for identifying those group homes providing care under
the AFDC-FC program pursuant to Sections 11460 and 11462 of the
Welfare and Institutions Code that have levels of psychotropic drug
utilization warranting additional review. The methodology shall be
adopted on or before July 1, 2016.
(B) Every three years after adopting the methodology developed
under subparagraph (A), or earlier if needed, the department shall
consult with the State Department of Health Care Services and
stakeholders and revise the methodology, if necessary.
(2) If the department, applying the methodology described in
paragraph (1), determines that a facility appears to have levels of
psychotropic drug utilization warranting additional review, it shall
inspect the facility at least once a year.
(3) The inspection of the facility shall include, but not be
limited to, a review of the following:
(A) Plan of operation, policies, procedures, and practices.
(B) Child-to-staff ratios.
(C) Staff qualifications and training.
(D) Implementation of children's needs and services plan.
(E) Availability of psychosocial and other alternative treatments
to the use of psychotropic medications.
(F) Other factors that the department determines contribute to
levels of psychotropic drug utilization that warrant additional
review.
(G) Confidential interviews of children residing in the facility
at the time of the inspection.
(4) The inspection of the facility may include, but is not limited
to, the following:
(A) Confidential interviews of children who resided in the
facility within the last six months.
(B) Confidential discussions with physicians identified as
prescribing the medications.
(b) Following an inspection conducted pursuant to this section,
the department, as it deems appropriate, may do either or both of the
following:
(1) Share relevant information and observations with county
placing agencies, social workers, probation officers, the court,
dependency counsel, or the Medical Board of California, as
applicable.
(2) Share relevant information and observations with the facility
and require the facility to submit a plan, within 30 days of
receiving the information and observations from the department, to
address any identified risks within the control of the facility
related to psychotropic medication. The department shall approve the
plan and verify implementation of the plan to determine whether those
risks have been remedied.
(c) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
until emergency regulations are filed with the Secretary of State,
the department may implement this section through all-county letters
or similar instructions.
(2) On or before January 1, 2017, the department shall adopt
regulations to implement this section. The initial adoption,
amendment, or repeal of a regulation authorized by this subdivision
is deemed to address an emergency, for purposes of Sections 11346.1
and 11349.6 of the Government Code, and the department is hereby
exempted for that purpose from the requirements of subdivision (b) of
Section 11346.1 of the Government Code. After the initial adoption,
amendment, or repeal of an emergency regulation pursuant to this
section, the department may twice request approval from the Office of
Administrative Law to readopt the regulation as an emergency
regulation pursuant to Section 11346.1 of the Government Code. The
department shall adopt final regulations on or before January 1,
2018.
(d) Nothing in this section does any of the following:
(1) Replaces or alters other requirements for responding to
complaints and making inspections or visits to group homes,
including, but not limited to, those set forth in Sections 1534 and
1538.
(2) Prevents or precludes the department from taking any other
action permitted under any other law, including any regulation
adopted pursuant to this chapter.
(e) This section does not apply to a runaway and homeless youth
shelter, a private alternative boarding school, or a private
alternative outdoor program, as those terms are defined,
respectively, in Section 1502.
SEC. 11.5. Section 1538.9 of the Health and Safety Code is amended
to read:
1538.9. (a) (1) (A) The department shall consult with the State
Department of Health Care Services and stakeholders to establish a
methodology for identifying those group homes providing care under
the AFDC-FC program pursuant to Sections 11460 and 11462 of the
Welfare and Institutions Code that have levels of psychotropic drug
utilization warranting additional review. The methodology shall be
adopted on or before July 1, 2016.
(B) Every three years after adopting the methodology developed
under subparagraph (A), or earlier if needed, the department shall
consult with the State Department of Health Care Services and
stakeholders and revise the methodology, if necessary.
(2) If the department, applying the methodology described in
paragraph (1), determines that a facility appears to have levels of
psychotropic drug utilization warranting additional review, it shall
inspect the facility at least once a year.
(3) The inspection of the facility shall include, but not be
limited to, a review of the following:
(A) Plan of operation, policies, procedures, and practices.
(B) Child-to-staff ratios.
(C) Staff qualifications and training.
(D) Implementation of children's needs and services plan.
(E) Availability of psychosocial and other alternative treatments
to the use of psychotropic medications.
(F) Other factors that the department determines contribute to
levels of psychotropic drug utilization that warrant additional
review.
(G) Confidential interviews of children residing in the facility
at the time of the inspection.
(4) The inspection of the facility may include, but is not limited
to, the following:
(A) Confidential interviews of children who resided in the
facility within the last six months.
(B) Confidential discussions with physicians identified as
prescribing the medications.
(b) Following an inspection conducted pursuant to this section,
the department, as it deems appropriate, may do either or both of the
following:
(1) Share relevant information and observations with county
placing agencies, social workers, probation officers, the court,
dependency counsel, or the Medical Board of California, as
applicable.
(2) Share relevant information and observations with the facility
and require the facility to submit a plan, within 30 days of
receiving the information and observations from the department, to
address any identified risks within the control of the facility
related to psychotropic medication. The department shall approve the
plan and verify implementation of the plan to determine whether those
risks have been remedied.
(c) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
until emergency regulations are filed with the Secretary of State,
the department may implement this section through all-county letters
or similar instructions.
(2) On or before January 1, 2017, the department shall adopt
regulations to implement this section. The initial adoption,
amendment, or repeal of a regulation authorized by this subdivision
is deemed to address an emergency, for purposes of Sections 11346.1
and 11349.6 of the Government Code, and the department is hereby
exempted for that purpose from the requirements of subdivision (b) of
Section 11346.1 of the Government Code. After the initial adoption,
amendment, or repeal of an emergency regulation pursuant to this
section, the department may twice request approval from the Office of
Administrative Law to readopt the regulation as an emergency
regulation pursuant to Section 11346.1 of the Government Code. The
department shall adopt final regulations on or before January 1,
2018.
(d) Nothing in this section does any of the following:
(1) Replaces or alters other requirements for responding to
complaints and making inspections or visits to group homes,
including, but not limited to, those set forth in Sections 1534 and
1538.
(2) Prevents or precludes the department from taking any other
action permitted under any other law, including any regulation
adopted pursuant to this chapter.
(e) The methodology developed pursuant to this section shall apply
to short-term residential therapeutic programs, as defined in
Section 1502, in a manner determined by the department.
(f) This section does not apply to a runaway and homeless youth
shelter, a private alternative boarding school, or a private
alternative outdoor program, as those terms are defined,
respectively, in Section 1502.
SEC. 12. (a) (1) Section 2.1 of this bill incorporates amendments
to Section 1502 of the Health and Safety Code proposed by both this
bill and Assembly Bill 741. It shall only become operative if (A)
both bills are enacted and become effective on or before January 1,
2017, (B) each bill amends Section 1502 of the Health and Safety
Code, (C) Assembly Bill 1997 is not enacted or as enacted does not
amend that section, and (D) this bill is enacted after Assembly Bill
741, in which case Sections 2, 2.2, and 2.3 of this bill shall not
become operative.
(2) Section 2.2 of this bill incorporates amendments to Section
1502 of the Health and Safety Code proposed by both this bill and
Assembly Bill 1997. It shall only become operative if (A) both bills
are enacted and become effective on or before January 1, 2017, (B)
each bill amends Section 1502 of the Health and Safety Code, (C)
Assembly Bill 741 is not enacted or as enacted does not amend that
section, and (D) this bill is enacted after Assembly Bill 1997, in
which case Sections 2, 2.1, and 2.3 of this bill shall not become
operative.
(3) Section 2.3 of this bill incorporates amendments to Section
1502 of the Health and Safety Code proposed by this bill, Assembly
Bill 741, and Assembly Bill 1997. It shall only become operative if
(A) all three bills are enacted and become effective on or before
January 1, 2017, (B) all three bills amend Section 1502 of the Health
and Safety Code, and (C) this bill is enacted after Assembly Bill
741 and Assembly Bill 1997, in which case Sections 2, 2.1, and 2.2 of
this bill shall not become operative.
(b) Section 8.5 of this bill incorporates amendments to Section
1522.44 of the Health and Safety Code proposed by both this bill and
Assembly Bill 1997. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 1522.44 of the Health and Safety Code, and
(3) this bill is enacted after Assembly Bill 1997, in which case
Section 8 of this bill shall not become operative.
(c) Section 9.5 of this bill incorporates amendments to Section
1523.1 of the Health and Safety Code proposed by both this bill and
Assembly Bill 1997. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 1523.1 of the Health and Safety Code, and
(3) this bill is enacted after Assembly Bill 1997, in which case
Section 9 of this bill shall not become operative.
(d) Section 10.5 of this bill incorporates amendments to Section
1538.8 of the Health and Safety Code proposed by both this bill and
Assembly Bill 1997. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 1538.8 of the Health and Safety Code, and
(3) this bill is enacted after Assembly Bill 1997, in which case
Section 10 of this bill shall not become operative.
(e) Section 11.5 of this bill incorporates amendments to Section
1538.9 of the Health and Safety Code proposed by both this bill and
Assembly Bill 1997. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 1538.9 of the Health and Safety Code, and
(3) this bill is enacted after Assembly Bill 1997, in which case
Section 11 of this bill shall not become operative.
SEC. 13. 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.
