BILL NUMBER: SB 1089	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Liu
   (Principal coauthor: Assembly Member Portantino)

                        FEBRUARY 15, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1089, as introduced, Liu. Community care facilities: delinquent
and at-risk youth.
   The California Community Care Facilities Act provides for the
licensing and regulation of community care facilities, as defined,
and makes a violation of the act a misdemeanor.
   This bill would include in the definition of a community care
facility a facility that serves delinquent or at-risk youth, other
than those youths placed in a county-operated facility or a facility
operated by the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities. The bill would include in the
definition of a residential facility a boot camp, ranch camp, or
forestry camp, other than those camps operated by a county or the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities. By expanding the definition of a community care facility,
this bill would expand 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,  delinquent or at-risk youth,
other than those youths placed in a county-operated facility or a
facility operated by the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities,  and abused or
neglected children, and includes the following:
   (1) "Residential facility" means any family home, group care
facility,  boot camp, ranch camp, forestry camp,  or similar
facility determined by the director,  other than those camps or
facilities operated by a county or the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities,  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 16
years of age, and not more than 18 years of age unless the
requirements of Section 11403 and paragraph (1) of subdivision (a) of
Section 11403.2 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.
   (b) "Department" or "state department" means the State Department
of Social Services.
   (c) "Director" means the Director of Social Services.
  SEC. 2.  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.