Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 amended, 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 begin insert and provide that, until those regulations become effective, the department may implement these provisions by publishing information releases or similar instructions from the director end insert .

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
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 and maintains a structured
environment with services provided at least in part by staff
employed by the licensee. The care and supervision provided by
a group home shall be nonmedical, except as begin insert oth end insert begin insert erwise end insert permitted
by begin delete Section 1507.25 and subdivision (b) of Section 17736 of the
Welfare and Institutions Code. end delete begin insert law. end insert

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

(a) The department shall license emergency youth
shelter facilities as group homes pursuant to this begin delete section end delete begin insert chapter end insert .
Emergency youth shelter facilities shall meet all of the following
requirements:

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

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

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

(B) Twelve to 17 years of age, inclusive, including youth who
have emancipated pursuant to Chapter 3 (commencing with Section
7110) of Part 6 of Division 11 of the Family Code, or 18 years of
age if the youth is completing high school or its equivalent.

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

begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

(7)

end delete

begin insert (4) end insert  The facility shall have a ratio of one staff person to every
eight youths. For purposes of this paragraph, a volunteer begin delete shall end delete begin insert may end insert
be counted in the staff-to-youth ratio if the volunteer has satisfied
the same training requirements as a paid facility staff member begin insert and
other requirements end insert begin insert set forth in regulations end insert , and a paid facility staff
member is present during the time the volunteer is on duty.

begin delete

(8)

end delete

begin insert (5) end insert  Bunk beds may be permitted in the facility, but shall not
consist of more than two tiers.

begin delete

(9)

end delete

begin insert (6) end insert  The facility shall be owned and operated on a nonprofit basis
by a private nonprofit corporation, a nonprofit organization, or a
public agency.

begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin delete

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

end delete begin delete

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

end delete begin delete

(d)

end delete

begin insert (e) end insert  Prior to employment or interaction with youth at an
emergency youth shelter facility, all begin delete staff and volunteers end delete begin insert persons
specified in subdivision (b) of Section 1522 end insert shall begin delete undergo end delete begin insert complete end insert
a criminal begin delete background check end delete begin insert record review end insert pursuant to Section
1522 and begin delete have their names checked on the end delete begin insert a end insert Child Abuse begin insert Central end insert
Index begin insert check end insert pursuant to Section 1522.1.

begin delete

(e)

end delete

begin insert (f) end insert  An emergency youth shelter facility shall collect and maintain
all of the following information in a monthly report, in a format
specified by the department, and make the report available to the
department upon request:

(1) Total number of youth served per month.

(2) Name of each youth served.

(3) Age of each youth served.

(4) Length of stay of each youth served.

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

begin delete

(f)

end delete

begin insert (g) end insert  Notwithstanding Section 1522.43, the department shall not
require an emergency youth shelter facility to maintain a needs
and services plan, as defined in Section 84001 of Title 22 of the
California Code of Regulations, for a youth served. Nothing in
this subdivision precludes the department from requiring an
emergency youth shelter facility to maintain an assessment, as
defined by the department, for youths served.

begin delete

(g)

end delete

begin insert (h) end insert  The department may license a facility pursuant to this section
if the facility is operating in two physical locations on or before
January 1, 2013, with only one physical location providing
overnight residential care, and the facility meets the requirements
of this section. If a facility described in this subdivision is licensed
pursuant to this section, the department shall permit the facility to
retain its two physical locations and issue a license for each
physical location.

begin insert

(i) An emergency youth shelter facility shall not be a placement
option pursuant to Sections 319, 361.2, 450, and 727 of the Welfare
and Institutions Code.

end insert begin insert

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

end insert begin delete

(h)

end delete

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

begin insert

(l) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department may implement
the applicable provisions of this section by publishing information
releases or similar instructions from the director until the
regulations adopted by the department pursuant to subdivision (k)
become effective.

end insert

SEC. 3.  

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