California Legislature—2013–14 Regular Session

Assembly BillNo. 346


Introduced by Assembly Member Stone

February 13, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

AB 346, as introduced, Stone. Emergency youth shelter facilities.

Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, as defined, by the State Department of Social Services. A violation of the act is a misdemeanor.

This bill would include within the definition of a community care facility an emergency youth shelter facility, as defined. The bill would require the department to license emergency youth shelter facilities that have met specified requirements, including the requirement that facility staff shall offer short-term, 24-hour nonmedical care and supervision and personal services to up to 25 youths who voluntarily enter the facility. The bill would require the department to adopt regulations to implement these provisions.

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:

P2    1

SECTION 1.  

Section 1502 of the Health and Safety Code is
2amended to read:

3

1502.  

As used in this chapter:

4(a) “Community care facility” means any facility, place, or
5building that is maintained and operated to provide nonmedical
6residential care, day treatment, adult day care, or foster family
7agency services for children, adults, or children and adults,
8including, but not limited to, the physically handicapped, mentally
9impaired, incompetent persons, and abused or neglected children,
10and includes the following:

11(1) “Residential facility” means any family home, group care
12facility, or similar facility determined by the director, for 24-hour
13nonmedical care of persons in need of personal services,
14supervision, or assistance essential for sustaining the activities of
15daily living or for the protection of the individual.

16(2) “Adult day program” means any community-based facility
17or program that provides care to persons 18 years of age or older
18in need of personal services, supervision, or assistance essential
19for sustaining the activities of daily living or for the protection of
20these individuals on less than a 24-hour basis.

21(3) “Therapeutic day services facility” means any facility that
22provides nonmedical care, counseling, educational or vocational
23support, or social rehabilitation services on less than a 24-hour
24basis to persons under 18 years of age who would otherwise be
25placed in foster care or who are returning to families from foster
26care. Program standards for these facilities shall be developed by
27the department, pursuant to Section 1530, in consultation with
28therapeutic day services and foster care providers.

29(4) “Foster family agency” means any organization engaged in
30the recruiting, certifying, and training of, and providing
31professional support to, foster parents, or in finding homes or other
32places for placement of children for temporary or permanent care
33who require that level of care as an alternative to a group home.
34Private foster family agencies shall be organized and operated on
35a nonprofit basis.

P3    1(5) “Foster family home” means any residential facility
2providing 24-hour care for six or fewer foster children that is
3owned, leased, or rented and is the residence of the foster parent
4or parents, including their family, in whose care the foster children
5have been placed. The placement may be by a public or private
6child placement agency or by a court order, or by voluntary
7placement by a parent, parents, or guardian. It also means a foster
8family home described in Section 1505.2.

9(6) “Small family home” means any residential facility, in the
10licensee’s family residence, that provides 24-hour care for six or
11fewer foster children who have mental disorders or developmental
12or physical disabilities and who require special care and supervision
13as a result of their disabilities. A small family home may accept
14children with special health care needs, pursuant to subdivision
15(a) of Section 17710 of the Welfare and Institutions Code. In
16addition to placing children with special health care needs, the
17department may approve placement of children without special
18health care needs, up to the licensed capacity.

19(7) “Social rehabilitation facility” means any residential facility
20that provides social rehabilitation services for no longer than 18
21months in a group setting to adults recovering from mental illness
22who temporarily need assistance, guidance, or counseling. Program
23components shall be subject to program standards pursuant to
24Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
252 of Division 5 of the Welfare and Institutions Code.

26(8) “Community treatment facility” means any residential
27facility that provides mental health treatment services to children
28in a group setting and that has the capacity to provide secure
29containment. Program components shall be subject to program
30standards developed and enforced by the State Department of
31Health Care Services pursuant to Section 4094 of the Welfare and
32Institutions Code.

33Nothing in this section shall be construed to prohibit or
34discourage placement of persons who have mental or physical
35disabilities into any category of community care facility that meets
36the needs of the individual placed, if the placement is consistent
37with the licensing regulations of the department.

38(9) “Full-service adoption agency” means any licensed entity
39engaged in the business of providing adoption services, that does
40all of the following:

P4    1(A) Assumes care, custody, and control of a child through
2relinquishment of the child to the agency or involuntary termination
3of parental rights to the child.

4(B) Assesses the birth parents, prospective adoptive parents, or
5child.

6(C) Places children for adoption.

7(D) Supervises adoptive placements.

8Private full-service adoption agencies shall be organized and
9operated on a nonprofit basis. As a condition of licensure to provide
10intercountry adoption services, a full-service adoption agency shall
11be accredited and in good standing according to Part 96 of Title
1222 of the Code of Federal Regulations, or supervised by an
13accredited primary provider, or acting as an exempted provider,
14in compliance with Subpart F (commencing with Section 96.29)
15of Part 96 of Title 22 of the Code of Federal Regulations.

16(10) “Noncustodial adoption agency” means any licensed entity
17engaged in the business of providing adoption services, that does
18all of the following:

19(A) Assesses the prospective adoptive parents.

20(B) Cooperatively matches children freed for adoption, who are
21under the care, custody, and control of a licensed adoption agency,
22for adoption, with assessed and approved adoptive applicants.

23(C) Cooperatively supervises adoptive placements with a
24full-service adoptive agency, but does not disrupt a placement or
25 remove a child from a placement.

26Private noncustodial adoption agencies shall be organized and
27operated on a nonprofit basis. As a condition of licensure to provide
28intercountry adoption services, a noncustodial adoption agency
29shall be accredited and in good standing according to Part 96 of
30Title 22 of the Code of Federal Regulations, or supervised by an
31accredited primary provider, or acting as an exempted provider,
32in compliance with Subpart F (commencing with Section 96.29)
33of Part 96 of Title 22 of the Code of Federal Regulations.

34(11) “Transitional shelter care facility” means any group care
35facility that provides for 24-hour nonmedical care of persons in
36need of personal services, supervision, or assistance essential for
37sustaining the activities of daily living or for the protection of the
38individual. Program components shall be subject to program
39standards developed by the State Department of Social Services
40pursuant to Section 1502.3.

P5    1(12) “Transitional housing placement provider” means an
2organization licensed by the department pursuant to Section
31559.110 and Section 16522.1 of the Welfare and Institutions Code
4to provide transitional housing to foster children at least 16 years
5of age and not more than 18 years of age, and nonminor
6dependents, as defined in subdivision (v) of Section 11400 of the
7Welfare and Institutions Code, to promote their transition to
8adulthood. A transitional housing placement provider shall be
9privately operated and organized on a nonprofit basis.

begin insert

10(13) “Group home” means a residential facility that provides
1124-hour care and supervision to children and maintains a
12structured environment with services provided at least in part by
13staff employed by the licensee. The care and supervision provided
14by a group home shall be nonmedical, except as permitted by
15Section 1507.25 and subdivision (b) of Section 17736 of the
16Welfare and Institutions Code.

end insert
begin insert

17(14) “Emergency youth shelter facility” means a group home
18licensed by the department pursuant to Section 1502.35 to provide
19voluntary, short-term, emergency shelter and personal services to
20youth who are homeless or at risk of homelessness, as provided
21in paragraph (2) of subdivision (a) of Section 1502.35.

end insert

22(b) “Department” or “state department” means the State
23Department of Social Services.

24(c) “Director” means the Director of Social Services.

25

SEC. 2.  

Section 1502.35 is added to the Health and Safety
26Code
, to read:

27

1502.35.  

(a) The department shall license emergency youth
28shelter facilities as group homes pursuant to this section.
29Emergency youth shelter facilities shall meet all of the following
30requirements:

31(1) The facility shall offer short-term, 24-hour, nonmedical care
32and supervision and personal services to youth who voluntarily
33enter the facility. As used in this paragraph, “short-term” means
34no more than 21 consecutive days from the date of admission.

35(2) The facility shall serve only youth who are both of the
36following:

37(A) Homeless or at risk of becoming homeless. As used in this
38paragraph, youth who are “homeless or at risk of becoming
39homeless” include youth who meet the definitions of “homeless
40children and youths” and “unaccompanied youth” contained in
P6    1Section 725 of the McKinney-Vento Homeless Assistance Act (42
2U.S.C. Sec. 11434a(2) and (6)).

3 (B) Twelve to 17 years of age, inclusive, including youth who
4have emancipated pursuant to Chapter 3 (commencing with Section
57110) of Part 6 of Division 11 of the Family Code, or 18 years of
6age if the youth is completing high school or its equivalent.

7(3) The facility shall have a maximum capacity of 25 youths.

8(4) Facility staff shall, prior to admission into the facility,
9determine if a youth poses a threat to himself or herself or others
10in the facility. A youth may not be admitted into the facility if it
11is determined that the youth poses such a threat.

12(5) Facility staff shall assess youth served within 72 hours of
13admission to the facility.

14(6) Facility staff shall assist youth served in obtaining emergency
15health-related services.

16(7) The facility shall have a ratio of one staff person to every
17eight youths. For purposes of this paragraph, a volunteer shall be
18counted in the staff-to-youth ratio if the volunteer has satisfied the
19same training requirements as a paid facility staff member, and a
20paid facility staff member is present during the time the volunteer
21is on duty.

22(8) Bunk beds may be permitted in the facility, but shall not
23consist of more than two tiers.

24(9) The facility shall be owned and operated on a nonprofit basis
25by a private nonprofit corporation, a nonprofit organization, or a
26public agency.

27(b) An emergency youth shelter facility shall not be a placement
28option pursuant to Sections 319, 631.2, 450, and 727 of the Welfare
29and Institutions Code.

30(c) An emergency youth shelter facility shall not be eligible for
31a rate pursuant to Section 11462 of the Welfare and Institutions
32Code.

33(d) Prior to employment or interaction with youth at an
34emergency youth shelter facility, all staff and volunteers shall
35undergo a criminal background check pursuant to Section 1522
36and have their names checked on the Child Abuse Index pursuant
37to Section 1522.1.

38(e) An emergency youth shelter facility shall collect and
39maintain all of the following information in a monthly report, in
P7    1a format specified by the department, and make the report available
2to the department upon request:

3(1) Total number of youth served per month.

4(2) Name of each youth served.

5(3) Age of each youth served.

6(4) Length of stay of each youth served.

7(5) Number of times a youth accesses shelter and services at
8the facility.

9(f) Notwithstanding Section 1522.43, the department shall not
10require an emergency youth shelter facility to maintain a needs
11and services plan, as defined in Section 84001 of Title 22 of the
12California Code of Regulations, for a youth served. Nothing in
13this subdivision precludes the department from requiring an
14 emergency youth shelter facility to maintain an assessment, as
15defined by the department, for youths served.

16(g) The department may license a facility pursuant to this section
17if the facility is operating in two physical locations on or before
18January 1, 2013, with only one physical location providing
19overnight residential care, and the facility meets the requirements
20of this section. If a facility described in this subdivision is licensed
21pursuant to this section, the department shall permit the facility to
22retain its two physical locations and issue a license for each
23physical location.

24(h) On or before December 1, 2014, the department shall adopt
25regulations to implement this section, in consultation with
26interested parties, including representatives of provider
27organizations that serve homeless or runaway youth. The
28regulations developed pursuant to this subdivision shall be
29 contained in the regulations for group homes found in Chapter 5
30(commencing with Section 84000) of Division 6 of Title 22 of the
31California Code of Regulations.

32

SEC. 3.  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P8    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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