BILL NUMBER: SB 119	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2011
	AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Lowenthal
   (Coauthor: Senator Liu)

                        JANUARY 24, 2011

   An act to amend Section 1502 of, and to add Sections 1502.35 and
1530.85 to, the Health and Safety Code, relating to community care
facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 119, as amended, Lowenthal. Emergency youth shelter facilities.

   The California Community Care Facilities Act provides for the
licensing and regulation of community care facilities, as defined, a
violation of which is a misdemeanor.
   This bill would include with the definition of a community care
facility an emergency youth shelter facility, as defined, for
specified minors under 18 years of age, except as specified, who are
homeless or at risk of being homeless. The bill would require the
department to adopt regulations for these facilities by January 1,
2013, as specified, which  , once adopted,  would be the
only licensing standards applicable to emergency youth shelters. 
Until the adoption  of the regulations, the bill would
require the department to grant facilities that satisfy the
definition of an emergency youth shelter a waiver or exception for
existing licensing standards, under certain circumstances.  This
bill would allow an emergency youth shelter that is operating under
a group home license to apply for an immediate transfer to an
emergency youth shelter license, upon adoption of the regulations
required under the bill.  The bill would authorize a facility
licensed as a group home to provide emergency youth shelter services
to youth, including foster youth. 
   By expanding the definition of a community care facility, this
bill would change the definition of an existing crime, thus creating
a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  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 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 as an alternative to a group home. 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 Mental Health 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 facility" means a community
care facility licensed by the department pursuant to Section 1559.110
to provide transitional housing opportunities to persons at least 17
years of age, and not more than 18 years of age unless the
requirements of Section 11403 of the Welfare and Institutions Code
are met, who are in out-of-home placement under the supervision of
the county department of social services or the county probation
department, and who are participating in an independent living
program.
   (13) "Emergency youth shelter facility" means a group care
facility that provides voluntary temporary emergency shelter and case
management to  minors   youth  under 18
years of age, including youth under 18 years of age who are
emancipated pursuant to Part 6 (commencing with Section 7000) of
Division 11 of the Family Code, and that satisfies the requirements
of Section 1502.35.
   (b) "Department" or "state department" means the State Department
of Social Services.
   (c) "Director" means the Director of Social Services.
  SEC. 2.  Section 1502.35 is added to the Health and Safety Code, to
read:
   1502.35.  In order to be licensed under this chapter as an
emergency youth shelter facility, a facility shall satisfy all of the
following criteria:
   (a) The facility shall offer voluntary short-term shelter care
 , case management,  and supervision, on a 24-hour basis, to
individuals described in subdivision (b).
   (b) The facility shall serve  unaccompanied minors
  youth  under 18 years of age, including youth who
have emancipated pursuant to Part 6 (commencing with Section 7000)
of Division 11 of the  Family Code, or youth who are in high
school at 18 years of age, and expected to graduate before their 19th
birthday, and who are   Family Code, and who are 
homeless or at risk of being homeless.  These youth may include
any of the following:  
   (1) Foster youth who have left their foster care placements. 

   (2) Youth 18 years of age, in order to complete high school or its
equivalent, or to finish the high school year.  
   (3) Youth who satisfy the definitions contained in paragraph (2)
or (6) of Section 725 of the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11434a (2),(6)). 
   (c) The facility shall be owned and operated on a nonprofit basis,
by a private nonprofit corporation  or   ,
 a nonprofit  public benefit corporation  
organization, or a public agency  .
   (d) The facility shall have a maximum capacity of 25 residents.
  SEC. 3.  Section 1530.85 is added to the Health and Safety Code, to
read:
   1530.85.  (a) No later than January 1, 2013, the department shall
adopt regulations for licensed emergency youth shelter 
facilities that care for unaccompanied minors under 18 years of age,
including emancipated youth, who are homeless or at risk
 facilities that care for youth, as described in subdivision (b)
of Section 1502.35, who are homeless or at risk  of becoming
homeless.
   (b) Regulations adopted pursuant to this section shall include
physical environment standards, including staffing and staff
training, health and safety requirements, size limitations, health
and hygiene of the facility, service provision, and eligibility to
access services. These standards may meet, but shall not exceed,
state child care standards under Title 22 of the California Code of
Regulations.
   (c) In developing the regulations required by this section, the
department shall consult with interested parties by convening a
meeting that shall include, but not be limited to, representatives of
provider organizations that serve homeless or runaway youth, and
youth who have accessed emergency youth shelter services. 
   (d) The regulations adopted under this section shall constitute
the only licensing standards applicable to an emergency youth
shelter. If a facility that satisfies the definition of an emergency
youth shelter is already operating on the effective date of the act
adding this section, the department shall not take any action that
would adversely affect, or otherwise attempt to impose existing
licensing standards on, that facility, before regulations are adopted
pursuant to this section.  
   (d) If a facility that satisfies the definition of an emergency
youth shelter is already operating on the effective date of the act
that added this section before regulations pursuant to this section
are adopted, the department shall grant the facility a waiver or
exception for any existing licensing standard that is inappropriate
for an emergency youth shelter, provided that the waiver or exception
does not adversely affect the health, safety, or personal rights of
youth in the shelter. Following their adoption, the regulations
adopted pursuant to this section shall constitute the only licencing
standards applicable to an emergency youth shelter. 
   (e) Upon implementation of the regulations adopted under this
section, a facility that is operating under a group home license, and
that satisfies the criteria in Section 1502.35, may apply to
immediately transfer its existing license to an emergency youth
shelter license. 
   (f) A facility licensed as a group home shall also have authority
to provide emergency youth shelter services to youth, including
foster youth, as described in subdivision (b) of Section 1502.35.

  SEC. 4.  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.