Amended in Senate May 5, 2015

Amended in Senate April 14, 2015

Senate BillNo. 524


Introduced by Senator Lara

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(Coauthors: Senators Liu and McGuire)

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February 26, 2015


An act to amend Section 1505 of, and to add Section 1502.2 to, the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 524, as amended, Lara. Privatebegin delete alternative therapeutic institutionsend deletebegin insert residential care facilitiesend insert for 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, the act does not apply to certain facilities, including, among others, any school dormitory or similar facility determined by the department. Existing law makes a violation of any of these provisions punishable as a misdemeanor.

This bill would define “privatebegin delete alternative therapeutic institutionend deletebegin insert residential care facilityend insert for youth,” for purposes of the act, and would specify that the act applies to thosebegin delete institutions.end deletebegin insert facilities.end insert The bill would prohibit a person, firm, partnership, association, organization,begin delete or corporationend deletebegin insert corporation, or other entityend insert from operating, establishing, managing, conducting, or maintaining this type ofbegin delete institutionend deletebegin insert facilityend insert unless thebegin delete institutionend deletebegin insert facilityend insert is licensed by the department.begin delete 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.end deletebegin insert The bill would require the department to license and inspect these facilities as community care facilities.end insert The bill would prohibit the department from licensing a privatebegin delete alternative therapeutic institutionend deletebegin insert residential care facilityend insert for youth unless all therapeutic components of the programs provided at thebegin delete institutionend deletebegin insert facilityend insert are licensed by the appropriate agency or department.begin delete Byend deletebegin insert The bill would prohibit transferring a license.end insert

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This bill would require an applicant for a license to file an application on forms furnished by the department and include specified evidence and information, including, but not limited to, a criminal record clearance. The bill would authorize the department to charge a license application fee and annual regulatory fee in an amount not to exceed the costs reasonably borne by the department in licensing and regulating these facilities. The bill would make moneys from these fees available to the department, upon appropriation of the Legislature, solely for purposes of licensing and regulating these facilities. The bill would require a facility to submit to the department a training plan for facility staff to be approved by the department prior to the facility implementing the training plan. The bill would specify the minimum number of hours of staff training, specify required training content, and require the department to adopt related regulations.

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begin insert Byend insert adding privatebegin delete alternative therapeutic institutionsend deletebegin insert residential care facilitiesend 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
P3    1for children with significant behavioral issues have been established
2nationwide, with thousands of allegations of abuse, including death.

3(b) There are currently facilities operating within California that
4are not licensed by the State Department of Social Services.

5(c) These facilities are often owned and operated by nonprofit
6organizations described in Section 501(c)(3) of the Internal
7Revenue Code.

8(d) These facilities advertise services for youth with behavioral
9issues to families who may feel they have no other options.

10(e) Former students have formed national and local organizations
11to expose the trauma and abuse they experienced at these facilities.

12(f) Students at these facilities are previous victims of trauma,
13have experienced parental rejection based on actual or perceived
14sexual orientation or gender identity, and have mental health and
15substance use issues.

16(g) It is the role of the Legislature to ensure proper licensing
17and regulation of residential facilities for the protection and care
18of all citizens.

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19(h) It is the intent of the Legislature that the state license private
20residential care for youth as a community care facility to ensure
21the safety of children residing in those facilities.

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22

SEC. 2.  

Section 1502.2 is added to the Health and Safety Code,
23to read:

24

1502.2.  

(a) begin delete“Private alternative therapeutic institutionend deletebegin insert end insertbegin insertAs used
25in this section, the following definitions apply:end insert

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26(1) “Administrator” means the individual designated by the
27licensee to act on behalf of the licensee in the overall management
28of the facility. The licensee, if an individual, and the administrator
29may be one and the same person.

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30(2) “Department” means the State Department of Social
31Services.

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32(3) “Director” means the Director of Social Services.

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33(4) “License” means a basic permit to operate a private
34residential care facility for youth.

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35begin insert(5)end insertbegin insertend insertbegin insert“Private residential care facilityend insert for youth” means any
36begin insert 24end insertbegin insert-hourend insert residential facility or program operated by a private entity
37begin delete with a focus on servingend deletebegin insert providing nonmedical care, counseling,
38educational or vocational support to end insert
personsbegin insert from 12 toend insert 18 years
39of agebegin delete and youngerend delete withbegin insert social,end insert emotional, behavioral, or mental
P4    1health issues or disorders,begin delete and thatend deletebegin insert including a program thatend insert
2 provides any of the following:

begin delete

3(1)

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4begin insert(end insertbegin insertA)end insert A program with wilderness or outdoor experience,
5expedition, or intervention.

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6(2)

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7begin insert(end insertbegin insertB)end insert A boot camp experience or other experience designed to
8simulate characteristics of basic military training or correctional
9regimes.

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10(3)

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11begin insert(end insertbegin insertC)end insert A therapeutic boarding school.

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12(4)

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13begin insert(end insertbegin insertD)end insert A behavior modification program.

14(b) begin insert(1)end insertbegin insertend insert A person, firm, partnership, association, organization,
15begin delete or corporationend deletebegin insert corporation, or other entityend insert shall not operate,
16establish, manage, conduct, or maintain a privatebegin delete alternative
17therapeutic institutionend delete
begin insert residential care facilityend insert for youth, unless
18the facility is licensed by the department.

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19(c) The department shall adopt regulations no later than June
201, 2016, establishing oversight and monitoring of private alternative
21therapeutic institutions for youth that, at a minimum, ensure the
22physical and mental well-being of youth in those institutions, and
23create mandated personal rights for those youth.

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24(d) The

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25(2) The department shall license and inspect a private residential
26care facility for youth as a community care facility. A license is
27not transferable.

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28begin insert(c)end insertbegin insertend insertbegin insertTheend insert department shall not license a privatebegin delete alternative
29therapeutic institutionend delete
begin insert residential care facilityend insert for youth unless all
30therapeutic components of the programs provided at thebegin delete institutionend delete
31begin insert facilityend insert are licensed by the appropriate agency or department.

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32(d) Any person desiring issuance of a license for a private
33residential care facility for youth under this chapter shall file an
34application on forms furnished by the department. The application
35shall include, but not be limited to, all of the following:

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36(1) Evidence satisfactory to the department of the ability of the
37applicant to comply with this section and any rules and regulations
38adopted by the department under this section.

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39(2) (A) Evidence satisfactory to the department that the
40applicant is of reputable and responsible character.

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P5    1(B) The evidence under this paragraph shall include, but is not
2limited to, all of the following:

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3(i) (I) A criminal record clearance pursuant to Section 1522.
4The law enforcement agency from which a criminal record is
5requested may charge a reasonable fee sufficient to cover its cost
6in providing the criminal record in accordance with this
7paragraph.

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8(II) The department shall review the criminal record to
9determine whether the applicant has ever been convicted of a crime
10other than a minor traffic violation or arrested for any crime
11specified in subdivision (c) of Section 290 of the Penal Code, or
12for violating Section 245, 273ab, or 273.5, subdivision (b) of
13Section 273a, or, prior to January 1, 1994, paragraph (2) of
14Section 273a, of the Penal Code, or for any crime for which the
15department is prohibited from granting a criminal record
16exemption. If the applicant has been convicted of one of these
17crimes, the department shall not license the applicant.

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18(ii) Employment history.

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19(iii) Character references.

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20(C) If the applicant is a firm, association, organization,
21partnership, business trust, corporation, or other entity, the
22evidence required by this paragraph shall be submitted for
23members or shareholders of the entity and the person who will act
24as administrator.

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25(3) Evidence satisfactory to the department that the applicant
26has sufficient financial resources to maintain the standards of
27service required by this section.

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28(4) Disclosure of any revocation or other disciplinary action
29taken, or in the process of being taken, against a license held or
30previously held by the applicant.

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31(5) Evidence satisfactory to the department of the applicant’s
32ability to meet regulatory requirements for the level of care the
33facility intends to provide.

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34(6) Evidence satisfactory to the department of adequate
35knowledge of supportive services and other community supports
36that may be necessary to meet the needs of youth residents.

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37(7) Designation by the applicant of the individual who shall be
38the administrator of the facility, including, if the applicant is an
39individual, whether the licensee shall also be the administrator.

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P6    1(8) A signed statement that the individual submitting the
2application for a license has read and understands the laws and
3regulations governing a private residential care facility for youth.

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4(9) Any other information as may be required by the department
5for the proper administration and enforcement of this chapter.

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6(10) The facilities plan of operation in accordance with Section
780022 of Title 22 of the California Code of Regulations.

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8(e) The department shall notify a prospective applicant for
9licensure of all of the following:

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10(1) At the time of the initial request for information regarding
11the application for licensure, that, prior to obtaining a license, the
12facility shall secure and maintain a fire clearance approval from
13the appropriate local fire enforcing agency or the State Fire
14Marshall, whichever has primary fire protection jurisdiction.

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15(2) The provisions of Section 13235 relating to the fire safety
16clearance application.

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17(3)  That the fire clearance shall be in accordance with state
18and local fire safety regulations.

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19(f) (1) The department shall deny an application to issue a
20license if the applicant fails to cooperate with the department in
21completing the application.

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22(2)  An applicant shall have failed to cooperate if the applicant
23has not provided the information described in this section and in
24applicable regulations of the department, or has not provided that
25information in the form requested by the department.

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26(g) Any duly authorized officer, employee, or agent of the
27department may, upon presentation of proper identification, enter
28and inspect any place within a private residential care facility for
29youth providing personal care, supervision, or services at any
30time, with or without advance notice, to secure compliance with,
31or to prevent a violation of, this chapter.

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32(h) (1) The department may charge an application fee, adjusted
33by capacity, for the issuance of a license to operate a private
34residential care facility for youth, in an amount not to exceed the
35costs reasonably borne by the department in licensing these
36facilities.

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37(2) The department may charge a regulatory fee on each annual
38anniversary of the effective date of the license, in an amount not
39to exceed the costs reasonably borne by the department in
40regulating these facilities.

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P7    1(3) Fee moneys collected pursuant to this subdivision shall be
2available to the department, upon appropriation of the Legislature,
3solely for the purposes of this section.

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4(i) (1) The Legislature finds and declares that the quality of
5services provided to residents of a private residential care facility
6for youth is dependent upon the training and skills of the staff. It
7is the intent of the Legislature in enacting this section to ensure
8that a direct-care staff member has the knowledge and proficiency
9to carry out the tasks of his or her job.

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10(2) A staff member of a private residential care facility for youth
11who supervises residents shall receive appropriate training
12consisting of 10 hours within the first four weeks of employment
13and eight hours annually thereafter. This training shall be
14administered while the staff is working at the facility, or in a
15classroom setting, or a combination of those settings.

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16(3) A facility shall submit its training plan to the department
17and shall implement the training plan only after the department
18has approved the plan. The training plan shall include, but not be
19limited to, all of the following subject areas:

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20(A)  Residents’ rights as described in subdivision (j).

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21(B) Psychosocial needs of youth.

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22(C) Appropriate response to emergencies.

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23(D) Physical needs for youth residents.

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24(E) Cultural competency and sensitivity in issues relating to the
25underserved, lesbian, gay, bisexual, and transgender communities.

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26(F) Laws and regulations pertaining to community care facilities
27and programs of private residential care facilities for youth.

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28(G) The department shall adopt regulations that establish
29additional subject matter required to be included in this training.

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30(j) A resident of a private residential care facility for youth has
31all of the following rights:

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32(1) To be accorded dignity in his or her personal relationships
33with staff, residents, and other persons.

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34(2) To be granted a reasonable level of personal privacy in
35accommodations, medical care, personal care and assistance,
36visits, written and electronic communications, and telephone
37conversations.

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38(3) To confidential care of his or her records and personal
39information, and to approve release of those records prior to their
40release, except as otherwise authorized or required by law.

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P8    1(4) To care, supervision, and services that meet his or her
2individual needs and are delivered by staff that are sufficient in
3numbers, qualifications, and competency to meet his or her needs
4and ensure his or her safety.

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5(5) To be served food of the quality and in the quantity necessary
6to meet his or her nutritional needs.

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7(6) (A) To present grievances and recommend changes in
8policies, procedures, and services to the facility’s staff,
9management, and governing authority, and any other person
10without restraint, coercion, discrimination, reprisal, or other
11retaliatory actions.

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12(B) To have the licensee take prompt actions to respond to those
13grievances.

end insert
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14(7) To have frequent contact with parents or guardians,
15including scheduled and unscheduled telephone conversations,
16unrestricted written correspondence, and electronic
17communications.

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18(8) To be fully informed, as evidenced by the resident’s written
19acknowledgment, prior to, or at the time of, admission to the
20facility, of all the rules governing the resident’s conduct and
21responsibilities.

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22(9) To receive in the admission agreement, information that
23details the planned treatments and care for the resident.

end insert
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24(10) For parents or guardians to remove the resident from the
25facility.

end insert
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26(11) To consent to have a relative or other person of the
27resident’s choosing visit or telephone during reasonable hours,
28privately and without prior notice.

end insert
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29(12) To be free of corporal punishment, deprivation of basic
30necessities, including education, as a punishment, deterrent, or
31incentive, and physical restraints of any kind.

end insert
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32(13) To receive supportive mental and emotional health-related
33services from trained staff who are licensed or are overseen by
34licensed mental health professionals.

end insert
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35(14) To be free from abusive, humiliating, degrading, or
36traumatizing actions.

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37(k) (1) A private residential care facility for youth shall not
38accept for placement, or provide care or supervision to, a child
39assessed as seriously emotionally disturbed, unless the State
40Department of Health Care Services has certified the facility as a
P9    1program meets the standards to provide mental health treatment
2services for a seriously emotionally disturbed child set forth in
3Section 4096.5 of the Welfare and Institutions Code.

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4(2) “Seriously emotionally disturbed” has the meaning defined
5in paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare
6and Institutions Code.

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7(l) Unless a private residential care facility for youth has been
8licensed as an alcoholism or drug abuse recovery or treatment
9facility pursuant to Section 11834.01, the facility shall not advertise
10or promote services designed to promote the treatment of, or
11maintain recovery from, alcohol or drug use, which services
12include one or more of the following types of treatment:

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13(1) Detoxification.

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14(2) Group sessions.

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15(3) Individual sessions.

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16(4) Educational sessions.

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17(5) Alcoholism or drug abuse recovery or treatment planning.

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18(m) A private residential care facility for youth shall not provide
19secure containment or use restraints of any kind unless the program
20components are subject to program standards developed and
21enforced by the State Department of Health Care Services pursuant
22to Section 4094 of the Welfare and Institutions Code.

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23(n) A private residential care facility for youth is not an eligible
24placement option pursuant to Section 319, 361.2, 450, or 727 of
25the Welfare and Institutions Code.

end insert
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26(o) A private residential care facility for youth is not eligible
27for a rate pursuant to Section 11462 of the Welfare and Institutions
28Code.

end insert
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29(p) A private residential care facility for youth shall not accept
30for residential placement a child younger than 12 years of age.

end insert
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31(q) A licensee of a private residential care facility for youth that
32advertises or promotes special care, programming, or
33 environments for persons with a mental health, emotional, or social
34challenge, shall provide each prospective resident and his or her
35parent or guardian an accurate narrative description of these
36programs and services. The facility shall provide the description
37in writing prior to admitting the prospective resident.

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38

SEC. 3.  

Section 1505 of the Health and Safety Code is amended
39to read:

40

1505.  

This chapter does not apply to any of the following:

P10   1(a) Any health facility, as defined by Section 1250.

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

3(c) Any juvenile placement facility approved by the Department
4of Corrections and Rehabilitation, Division of Juvenile Justice, or
5any juvenile hall operated by a county.

6(d) Any place in which a juvenile is judicially placed pursuant
7to subdivision (a) of Section 727 of the Welfare and Institutions
8Code.

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

10(f) Any facility conducted by and for the adherents of any
11well-recognized church or religious denomination for the purpose
12of providing facilities for the care or treatment of the sick who
13dependbegin insert solelyend insert upon prayer or spiritual means for healing in the
14practice of the religion of the church or denomination.

15(g) Any school dormitory or similar facility determined by the
16department, except a privatebegin delete alternative therapeutic institutionend delete
17begin insert residential care facilityend insert for youth as defined in Section 1502.2.

18(h) Any house, institution, hotel, homeless shelter, or other
19similar place that supplies board and room only, or room only, or
20board only, provided that no resident thereof requires any element
21of care as determined by the director.

22(i) Recovery houses or other similar facilities providing group
23living arrangements forbegin delete personsend deletebegin insert adultsend insert recovering from alcoholism
24or drug addiction where the facility provides no care or supervision.

25(j) Any alcoholism or drug abuse recovery or treatment facility
26begin insert serving adultsend insert as defined by Section 11834.11.

27(k) Any arrangement for the receiving and care of persons by
28a relative or any arrangement for the receiving and care of persons
29from only one family by a close friend of the parent, guardian, or
30conservator, if the arrangement is not for financial profit and occurs
31only occasionally and irregularly, as defined by regulations of the
32department. For purposes of this chapter, arrangements for the
33receiving and care of persons by a relative shall include relatives
34of the child for the purpose of keeping sibling groups together.

35(l) (1) Any home of a relative caregiver of children who are
36placed by a juvenile court, supervised by the county welfare or
37probation department, and the placement of whom is approved
38according to subdivision (d) of Section 309 of the Welfare and
39 Institutions Code.

P11   1(2) Any home of a nonrelative extended family member, as
2described in Section 362.7 of the Welfare and Institutions Code,
3providing care to children who are placed by a juvenile court,
4supervised by the county welfare or probation department, and the
5placement of whom is approved according to subdivision (d) of
6Section 309 of the Welfare and Institutions Code.

7(3) On and after January 1, 2012, any supervised independent
8living placement for nonminor dependents, as defined in
9subdivision (w) of Section 11400 of the Welfare and Institutions
10Code, who are placed by the juvenile court, supervised by the
11county welfare department, probation department, Indian tribe,
12consortium of tribes, or tribal organization that entered into an
13agreement pursuant to Section 10553.1 of the Welfare and
14Institutions Code, and whose placement is approved pursuant to
15subdivision (k) of Section 11400 of the Welfare and Institutions
16Code.

17(4) A Transitional Housing Program-Plus, as defined in
18subdivision (s) of Section 11400 of the Welfare and Institutions
19Code, that serves only eligible former foster youth over 18 years
20of age who have exited from the foster care system on or after their
2118th birthday, and that has obtained certification from the
22applicable county in accordance with subdivision (c) of Section
2316522 of the Welfare and Institutions Code.

24(m) Any supported living arrangement for individuals with
25developmental disabilities, as defined in Section 4689 of the
26Welfare and Institutions Code.

27(n) (1) Any family home agency, family home, or family
28teaching home as defined in Section 4689.1 of the Welfare and
29Institutions Code, that is vendored by the State Department of
30 Developmental Services and that does any of the following:

31(A) As a family home approved by a family home agency,
32provides 24-hour care for one or two adults with developmental
33disabilities in the residence of the family home provider or
34providers and the family home provider or providers’ family, and
35the provider is not licensed by the State Department of Social
36Services or the State Department of Public Health or certified by
37a licensee of the State Department of Social Services or the State
38Department of Public Health.

39(B) As a family teaching home approved by a family home
40agency, provides 24-hour care for a maximum of three adults with
P12   1developmental disabilities in independent residences, whether
2contiguous or attached, and the provider is not licensed by the
3State Department of Social Services or the State Department of
4Public Health or certified by a licensee of the State Department of
5Social Services or the State Department of Public Health.

6(C) As a family home agency, engages in recruiting, approving,
7and providing support to family homes.

8(2) No part of this subdivision shall be construed as establishing
9by implication either a family home agency or family home
10licensing category.

11(o) Any facility in which only Indian children who are eligible
12under the federal Indian Child Welfare Act (Chapter 21
13(commencing with Section 1901) of Title 25 of the United States
14Code) are placed and that is one of the following:

15(1) An extended family member of the Indian child, as defined
16in Section 1903 of Title 25 of the United States Code.

17(2) A foster home that is licensed, approved, or specified by the
18Indian child’s tribe pursuant to Section 1915 of Title 25 of the
19United States Code.

20(p) (1) (A) Any housing occupied by elderly or disabled
21persons, or both, that is initially approved and operated under a
22regulatory agreement pursuant to Section 202 of Public Law 86-372
23(12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625
24(42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to
25Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that
26receives mortgage assistance pursuant to Section 221d (3) of Public
27Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are
28made available to residents at their option, as long as the project
29owner or operator does not contract for or provide the supportive
30services.

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

P13   1(2) The project owner or operator to which paragraph (1) applies
2may 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

SEC. 4.  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.



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