Amended in Senate April 14, 2015

Senate BillNo. 524


Introduced by Senator Lara

February 26, 2015


An act tobegin insert amend Section 1505 of, and toend insert add Section 1502.2begin delete toend deletebegin insert to,end insert the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 524, as amended, Lara. begin deleteAlternative treatment facilities end deletebegin insertPrivate alternative therapeutic institutions end insertfor youth.

Existing law, the California Community Care Facilities Act (the act), provides for the licensure and regulation of community care and residential facilities by the State Department of Social Services. Under existing law,begin insert the act does not apply to certain facilities, including, among others, any school dormitory or similar facility determined by the department. Existing law makesend insert a violation of any of these provisionsbegin delete isend delete punishable as a misdemeanor.

This bill would define “private alternativebegin delete treatment and education facilityend deletebegin insert therapeutic institutionend insert for youth,” for purposes of thebegin delete act.end deletebegin insert act, and would specify that the act applies to those institutions.end insert The bill would prohibit a person, firm, partnership, association, organization, or corporation from operating, establishing, managing, conducting, or maintaining this type ofbegin delete treatment and education facilityend deletebegin insert institutionend insert unless thebegin delete facilityend deletebegin insert institutionend insert isbegin delete licencedend deletebegin insert licensedend insert by thebegin delete department and components of the program are accredited by an approved organization, as specified.end deletebegin insert department. The bill would require the department, no later than June 1, 2016, to adopt regulations establishing oversight and monitoring of private alternative therapeutic institutions for youth that, at a minimum, ensure the physical and mental well-being of youth in those institutions, and create mandated personal rights for those youth. The bill would prohibit the department from licensing end insertbegin inserta private alternative therapeutic institutionend insertbegin insert for youth unless all therapeutic components of the programend insertbegin inserts provided at the institution are licensed by the appropriate agency or department.end insert By adding private alternativebegin delete treatment and education facilitiesend deletebegin insert therapeutic institutionsend insert for youth to the act, this bill would create a new crime, thereby imposing 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.  

The Legislature finds and declares all of the
2following:

3(a) Since the 1990s, hundreds of nontraditional treatment
4programs that are intended to be less restrictive treatment options
5for children with significant behavioral issues have been established
6nationwide, with thousands of allegations of abuse, including death.

7(b) There are currently facilities operating within California that
8are not licensed by the State Department of Social Services.

9(c) These facilities are often owned and operated by nonprofit
10organizations described in Section 501(c)(3) of the Internal
11Revenue Code.

12(d) These facilities advertise services for youth with behavioral
13issues to families who may feel they have no other options.

14(e) Former students have formed national and local organizations
15to expose the trauma and abuse they experienced at these facilities.

16(f) Students at these facilities are previous victims of trauma,
17have experienced parental rejection based on actual or perceived
18sexual orientation or gender identity, and have mental health and
19substance use issues.

20(g) It is the role of the Legislature to ensure proper licensing
21and regulation of residential facilities for the protection and care
22of all citizens.

P3    1

SEC. 2.  

Section 1502.2 is added to the Health and Safety Code,
2to read:

3

1502.2.  

(a) “Private alternativebegin delete treatment and education facilityend delete
4begin insert therapeutic institutionend insert for youth” means any residential facility or
5program operated by a private entity with a focus on serving
6begin delete childrenend deletebegin insert persons 18 years of age and youngerend insert with emotional,
7behavioral, or mental health issues or disorders, and that provides
8any of the following:

9(1) A program with wilderness or outdoor experience,
10expedition, or intervention.

11(2) A boot camp experience or other experience designed to
12simulate characteristics of basic military training or correctional
13regimes.

14(3) A therapeutic boarding school.

15(4) A behavior modification program.

16(b) A person, firm, partnership, association, organization, or
17corporation shall not operate, establish, manage, conduct, or
18maintain a private alternativebegin delete treatment and education facilityend delete
19begin insert therapeutic institutionend insert for youth, unless the facility is licensed by
20thebegin delete department and all components of the program are accredited
21by an independent nonprofit accrediting organization approved by
22theend delete
department.

begin delete

23(c) A private alternative treatment and education facility for
24youth shall, at a minimum, afford each student, resident, or
25participant the rights guaranteed in Section 84072 of Title 22 of
26the California Code of Regulations.

end delete
begin delete

27(d) A resolution, bylaw, rule, ordinance, or any other act or
28authority permitting or authorizing the operation of a private
29alternative treatment and education facility for youth that does not
30comply with this section is void and unenforceable.

end delete
begin insert

31(c) The department shall adopt regulations no later than June
321, 2016, establishing oversight and monitoring of private
33alternative therapeutic institutions for youth that, at a minimum,
34ensure the physical and mental well-being of youth in those
35institutions, and create mandated personal rights for those youth.

end insert
begin insert

36(d) The department shall not license a private alternative
37therapeutic institution for youth unless all therapeutic components
38of the programs provided at the institution are licensed by the
39appropriate agency or department.

end insert
P4    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1505 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
2to read:end insert

3

1505.  

This chapter does not apply to any of the following:

4(a) Any health facility, as defined by Section 1250.

5(b) Any clinic, as defined by Section 1202.

6(c) Any juvenile placement facility approved by the Department
7of Corrections and Rehabilitation, Division of Juvenile Justice, or
8any juvenile hall operated by a county.

9(d) Any place in which a juvenile is judicially placed pursuant
10to subdivision (a) of Section 727 of the Welfare and Institutions
11Code.

12(e) Any child day care facility, as defined in Section 1596.750.

13(f) Any facility conducted by and for the adherents of any
14well-recognized church or religious denomination for the purpose
15of providing facilities for the care or treatment of the sick who
16depend upon prayer or spiritual means for healing in the practice
17of the religion of the church or denomination.

18(g) Any school dormitory or similar facility determined by the
19begin delete department.end deletebegin insert department, except a private alternative therapeutic
20institution for youth as defined in Section 1502.2.end insert

21(h) Any house, institution, hotel, homeless shelter, or other
22similar place that supplies board and room only, or room only, or
23board only, provided that no resident thereof requires any element
24of care as determined by the director.

25(i) Recovery houses or other similar facilities providing group
26living arrangements for persons recovering from alcoholism or
27drug addiction where the facility provides no care or supervision.

28(j) Any alcoholism or drug abuse recovery or treatment facility
29as defined by Section 11834.11.

30(k) Any arrangement for the receiving and care of persons by
31a relative or any arrangement for the receiving and care of persons
32from only one family by a close friend of the parent, guardian, or
33conservator, if the arrangement is not for financial profit and occurs
34only occasionally and irregularly, as defined by regulations of the
35department. For purposes of this chapter, arrangements for the
36receiving and care of persons by a relative shall include relatives
37of the child for the purpose of keeping sibling groups together.

38(l) (1) Any home of a relative caregiver of children who are
39placed by a juvenile court, supervised by the county welfare or
40probation department, and the placement of whom is approved
P5    1according to subdivision (d) of Section 309 of the Welfare and
2Institutions Code.

3(2) Any home of a nonrelative extended family member, as
4described in Section 362.7 of the Welfare and Institutions Code,
5providing care to children who are placed by a juvenile court,
6supervised by the county welfare or probation department, and the
7placement of whom is approved according to subdivision (d) of
8Section 309 of the Welfare and Institutions Code.

9(3) On and after January 1, 2012, any supervised independent
10living placement for nonminor dependents, as defined in
11subdivision (w) of Section 11400 of the Welfare and Institutions
12Code, who are placed by the juvenile court, supervised by the
13county welfare department, probation department, Indian tribe,
14consortium of tribes, or tribal organization that entered into an
15agreement pursuant to Section 10553.1 of the Welfare and
16Institutions Code, and whose placement is approved pursuant to
17subdivision (k) of Section 11400 of the Welfare and Institutions
18Code.

19(4) A Transitional Housing Program-Plus, as defined in
20subdivision (s) of Section 11400 of the Welfare and Institutions
21Code, that serves only eligible former foster youth over 18 years
22of age who have exited from the foster care system on or after their
2318th birthday, and that has obtained certification from the
24applicable county in accordance with subdivision (c) of Section
2516522 of the Welfare and Institutions Code.

26(m) Any supported living arrangement for individuals with
27developmental disabilities, as defined in Section 4689 of the
28Welfare and Institutions Code.

29(n) (1) Any family home agency, family home, or family
30teaching home as defined in Section 4689.1 of the Welfare and
31Institutions Code, that is vendored by the State Department of
32Developmental Services and that does any of the following:

33(A) As a family home approved by a family home agency,
34provides 24-hour care for one or two adults with developmental
35disabilities in the residence of the family home provider or
36providers and the family home provider or providers’ family, and
37the provider is not licensed by the State Department of Social
38Services or the State Department of Public Health or certified by
39a licensee of the State Department of Social Services or the State
40Department of Public Health.

P6    1(B) As a family teaching home approved by a family home
2agency, provides 24-hour care for a maximum of three adults with
3developmental disabilities in independent residences, whether
4contiguous or attached, and the provider is not licensed by the
5State Department of Social Services or the State Department of
6Public Health or certified by a licensee of the State Department of
7Social Services or the State Department of Public Health.

8(C) As a family home agency, engages in recruiting, approving,
9and providing support to family homes.

10(2) No part of this subdivision shall be construed as establishing
11by implication either a family home agency or family home
12licensing category.

13(o) Any facility in which only Indian children who are eligible
14under the federal Indian Child Welfare Act (Chapter 21
15(commencing with Section 1901) of Title 25 of the United States
16Code) are placed and that is one of the following:

17(1) An extended family member of the Indian child, as defined
18in Section 1903 of Title 25 of the United States Code.

19(2) A foster home that is licensed, approved, or specified by the
20Indian child’s tribe pursuant to Section 1915 of Title 25 of the
21United States Code.

22(p) (1) (A) Any housing occupied by elderly or disabled
23persons, or both, that is initially approved and operated under a
24regulatory agreement pursuant to Section 202 of Public Law 86-372
25(12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625
26(42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to
27Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that
28receives mortgage assistance pursuant to Section 221d (3) of Public
29Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are
30made available to residents at their option, as long as the project
31owner or operator does not contract for or provide the supportive
32services.

33(B) Any housing that qualifies for a low-income housing credit
34pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42)
35or that is subject to the requirements for rental dwellings for
36low-income families pursuant to Section 8 of Public Law 93-383
37(42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
38persons, or both, where supportive services are made available to
39residents at their option, as long as the project owner or operator
40does not contract for or provide the supportive services.

P7    1(2) The project owner or operator to which paragraph (1) applies
2 may coordinate, or help residents gain access to, the supportive
3services, either directly, or through a service coordinator.

4(q) A resource family, as defined in Section 16519.5 of the
5Welfare and Institutions Code

6(r) Any similar facility determined by the director.

7

begin deleteSEC. 3.end delete
8begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.



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