SB 524, as amended, Lara. Private residential care facilities 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 “private residential care facility for youth,” for purposes of the act, and would
begin delete specify thatend delete the begin delete act applies to those facilities. The bill would prohibit a person, firm, partnership, association, organization, corporation, or other entity from operating, establishing, managing, conducting, or maintaining this type of facility unless the facility is licensed by the department.end delete
The bill would require the department to license and inspect these facilities as community care facilities. The bill would prohibit the department from licensing a private residential care facility for youth unless all therapeutic components of the programs provided at the facility are licensed by the appropriate agency or department. begin delete The bill would prohibit transferring a license.end delete
begin delete 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. end deleteThe bill would require begin delete a facilityend delete 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.
begin delete addingend delete private residential care facilities for youth to the act, this bill would create begin delete aend delete new begin delete crime,end delete 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:
The Legislature finds and declares all of the
begin deleteSince the 1990s, end deletehundreds of nontraditional
4treatment programs that are intended to be less restrictive treatment
5options for children with significant behavioral issues have been
P3 1established nationwide, with thousands of allegations of abuse,
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
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.
19(h) It is the intent of the Legislature that the state license private
20 residential care for youth as a community care facility
21to ensure the safety of children residing in those facilities.
As used in this chapter:
25(a) “Community care facility” means any facility, place, or
26building that is maintained and operated to provide nonmedical
27residential care, day treatment, adult day care, or foster family
28agency services for children, adults, or children and adults,
29including, but not limited to, the physically handicapped, mentally
30impaired, incompetent persons, and abused or neglected children,
31and includes the following:
32(1) “Residential facility” means any family home, group care
33facility, or similar facility determined by the director, for 24-hour
34nonmedical care of persons in need of personal services,
35supervision, or assistance essential for sustaining the activities of
36daily living or for the protection of the individual.
37(2) “Adult day program” means any community-based facility
38or program that provides care to persons 18 years of age or older
39in need of personal services, supervision, or assistance essential
P4 1for sustaining the activities of daily living or for the protection of
2these individuals on less than a 24-hour basis.
3(3) “Therapeutic day services facility” means any facility that
4provides nonmedical care, counseling, educational or vocational
5support, or social rehabilitation services on less than a 24-hour
6basis to persons under 18 years of age who would otherwise be
7placed in foster care or who are returning to families from foster
8care. Program standards for these facilities shall be developed by
9the department, pursuant to Section 1530, in consultation with
10therapeutic day services and foster care providers.
11(4) “Foster family agency” means any organization engaged in
12the recruiting, certifying, and training of, and providing
13professional support to, foster parents, or in finding homes or other
14places for placement of children for temporary or permanent care
15who require that level of care as an alternative to a group home.
16Private foster family agencies shall be organized and operated on
17a nonprofit basis.
18(5) “Foster family home” means any residential facility
19providing 24-hour care for six or fewer foster children that is
20owned, leased, or rented and is the residence of the foster parent
21or parents, including their family, in whose care the foster children
22have been placed. The placement may be by a public or private
23child placement agency or by a court order, or by voluntary
24placement by a parent, parents, or guardian. It also means a foster
25family home described in Section 1505.2.
26(6) “Small family home” means any residential facility, in the
27licensee’s family residence, that provides 24-hour care for six or
28fewer foster children who have mental disorders or developmental
29or physical disabilities and who require special care and supervision
30as a result of their disabilities. A small family home may accept
31children with special health care needs, pursuant to subdivision
32(a) of Section 17710 of the Welfare and Institutions Code. In
33addition to placing children with special health care needs, the
34department may approve placement of children without special
35health care needs, up to the licensed capacity.
36(7) “Social rehabilitation facility” means any residential facility
37that provides social rehabilitation services for no longer than 18
38months in a group setting to adults recovering from mental illness
39who temporarily need assistance, guidance, or counseling. Program
40components shall be subject to program standards pursuant to
P5 1Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
22 of Division 5 of the Welfare and Institutions Code.
3(8) “Community treatment facility” means any residential
4facility that provides mental health treatment services to children
5in a group setting and that has the capacity to provide secure
6containment. Program components shall be subject to program
7standards developed and enforced by the State Department of
8Health Care Services pursuant to Section 4094 of the Welfare and
10Nothing in this section shall be construed to prohibit or
11discourage placement of persons who have mental or physical
12disabilities into any category of community care facility that meets
13the needs of the individual placed, if the placement is consistent
14with the licensing regulations of the department.
15(9) “Full-service adoption agency” means any licensed entity
16engaged in the business of providing adoption services, that does
17all of the following:
18(A) Assumes care, custody, and control of a child through
19relinquishment of the child to the agency or involuntary termination
20of parental rights to the child.
21(B) Assesses the birth parents, prospective adoptive parents, or
23(C) Places children for adoption.
24(D) Supervises adoptive placements.
25Private full-service adoption agencies shall be organized and
26operated on a nonprofit basis. As a condition of licensure to provide
27intercountry adoption services, a full-service adoption agency shall
28be accredited and in good standing according to Part 96 of Title
2922 of the Code of Federal Regulations, or supervised by an
30accredited primary provider, or acting as an exempted provider,
31in compliance with Subpart F (commencing with Section 96.29)
32of Part 96 of Title 22 of the Code of Federal Regulations.
33(10) “Noncustodial adoption agency” means any licensed entity
34engaged in the business of providing adoption services, that does
35all of the following:
36(A) Assesses the prospective adoptive parents.
37(B) Cooperatively matches children freed for adoption, who are
38under the care, custody, and control of a licensed adoption agency,
39for adoption, with assessed and approved adoptive applicants.
P6 1(C) Cooperatively supervises adoptive placements with a
2full-service adoptive agency, but does not disrupt a placement or
3 remove a child from a placement.
4Private noncustodial adoption agencies shall be organized and
5operated on a nonprofit basis. As a condition of licensure to provide
6intercountry adoption services, a noncustodial adoption agency
7shall be accredited and in good standing according to Part 96 of
8Title 22 of the Code of Federal Regulations, or supervised by an
9accredited primary provider, or acting as an exempted provider,
10in compliance with Subpart F (commencing with Section 96.29)
11of Part 96 of Title 22 of the Code of Federal Regulations.
12(11) “Transitional shelter care facility” means any group care
13facility that provides for 24-hour nonmedical care of persons in
14need of personal services, supervision, or assistance essential for
15sustaining the activities of daily living or for the protection of the
16individual. Program components shall be subject to program
17standards developed by the State Department of Social Services
18pursuant to Section 1502.3.
19(12) “Transitional housing placement provider” means an
20organization licensed by the department pursuant to Section
211559.110 and Section 16522.1 of the Welfare and Institutions Code
22to provide transitional housing to foster children at least 16 years
23of age and not more than 18 years of age, and nonminor
24dependents, as defined in subdivision (v) of Section 11400 of the
25Welfare and Institutions Code, to promote their transition to
26adulthood. A transitional housing placement provider shall be
27privately operated and organized on a nonprofit basis.
28(13) “Group home” means a residential facility that provides
2924-hour care and supervision to children, delivered at least in part
30by staff employed by the licensee in a structured environment. The
31care and supervision provided by a group home shall be
32nonmedical, except as otherwise permitted by law.
33(14) “Runaway and homeless youth shelter” means a group
34home licensed by the department to operate a program pursuant
35to Section 1502.35 to provide voluntary, short-term, shelter and
36personal services to runaway youth or homeless youth, as defined
37in paragraph (2) of subdivision (a) of Section 1502.35.
38(15) “Enhanced behavioral supports home” means a facility
39certified by the State Department of Developmental Services
40pursuant to Article 3.6 (commencing with Section 4684.80) of
P7 1Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
2and licensed by the State Department of Social Services as an adult
3residential facility or a group home that provides 24-hour
4nonmedical care to individuals with developmental disabilities
5who require enhanced behavioral supports, staffing, and
6supervision in a homelike setting. An enhanced behavioral supports
7home shall have a maximum capacity of four consumers, shall
8conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
9Regulations, and shall be eligible for federal Medicaid home- and
10community-based services funding.
11(16) “Community crisis home” means a facility certified by the
12State Department of Developmental Services pursuant to Article
138 (commencing with Section 4698) of Chapter 6 of Division 4.5
14of the Welfare and Institutions Code, and licensed by the State
15Department of Social Services pursuant to Article 9.7 (commencing
16with Section 1567.80), as an adult residential facility, providing
1724-hour nonmedical care to individuals with developmental
18disabilities receiving regional center service, in need of crisis
19intervention services, and who would otherwise be at risk of
20admission to the acute crisis center at Fairview Developmental
21Center, Sonoma Developmental Center, an acute general hospital,
22acute psychiatric hospital, an institution for mental disease, as
23described in Part 5 (commencing with Section 5900) of Division
245 of the Welfare and Institutions Code, or an out-of-state
25placement. A community crisis home shall have a maximum
26capacity of eight consumers, as defined in subdivision (a) of
27Section 1567.80, shall conform to Section 441.530(a)(1) of Title
2842 of the Code of Federal Regulations, and shall be eligible for
29federal Medicaid home- and community-based services funding.
30(17) “Crisis nursery” means a facility licensed by the department
31to operate a program pursuant to Section 1516 to provide short-term
32care and supervision for children under six years of age who are
33voluntarily placed for temporary care by a parent or legal guardian
34due to a family crisis or stressful situation.
P8 1(b) “Department” or “state department” means the State
2Department of Social Services.
3(c) “Director” means the Director of Social Services.
Section 1502.2 is added to the Health and Safety Code,
(a) As used in this section, the following definitions
9(1) “Administrator” means the individual designated by the
10licensee to act on behalf of the licensee in the overall management
11of the facility. The licensee, if an individual, and the administrator
12may be one and the same person.
13(2) “Department” means the State Department of Social
15(3) “Director” means the Director of Social Services.
16(4) “License” means a basic permit to operate a private
17residential care facility for youth.
18(5) “Private residential care facility for youth” means any
1924-hour residential facility or program operated by a private entity
20providing nonmedical care, counseling, educational or vocational
21support to persons from 12 to 18 years of age with social,
22emotional, behavioral, or mental health issues or disorders,
23including a program that provides any of the following:
29 A program with
wilderness or outdoor experience,
30expedition, or intervention.
32 A boot camp experience or other experience designed to
33simulate characteristics of basic military training or correctional
36 A therapeutic boarding school.
38 A behavior modification program.
39(b) (1) A person, firm, partnership, association, organization,
40corporation, or other entity shall not operate, establish, manage,
P9 1conduct, or maintain a private residential care facility for youth,
2unless the facility is licensed by the department.
3(2) The department shall license and inspect a private residential
4care facility for youth as a community care facility. A license is
7 The department shall not license a private
8 residential care facility for youth unless all therapeutic components
9of the programs provided at the facility are licensed by the
10appropriate agency or department.
11(d) Any person desiring issuance of a license for a private
12residential care facility for youth under this chapter shall file an
13application on forms furnished by the department. The application
14shall include, but not be limited to, all of the following:
15(1) Evidence satisfactory to the department of the ability of the
16applicant to comply with this section and any rules and regulations
17adopted by the department under this section.
18(2) (A) Evidence satisfactory to the department that the
19applicant is of reputable and responsible character.
20(B) The evidence under this paragraph shall include, but is not
21limited to, all of the following:
22(i) (I) A criminal record clearance pursuant to Section 1522.
23The law enforcement agency from which a criminal record is
24requested may charge a reasonable fee sufficient to cover its cost
25in providing the criminal record in accordance with this paragraph.
26(II) The department shall review the criminal record to determine
27whether the applicant has ever been convicted of a crime other
28than a minor traffic violation or arrested for any crime specified
29in subdivision (c) of Section 290 of the Penal Code, or for violating
30Section 245, 273ab, or 273.5, subdivision (b) of Section 273a, or,
31prior to January 1, 1994, paragraph (2) of Section 273a, of the
32Penal Code, or for any crime for which the department is prohibited
33from granting a criminal record exemption. If the applicant has
34been convicted of one of these crimes, the department shall not
35license the applicant.
36(ii) Employment history.
37(iii) Character references.
38(C) If the applicant is a firm, association, organization,
39partnership, business trust, corporation, or other entity, the evidence
40required by this paragraph shall be submitted for members or
P10 1shareholders of the entity and the person who will act as
3(3) Evidence satisfactory to the department that the applicant
4has sufficient financial resources to maintain the standards of
5service required by this section.
of any revocation or other disciplinary action
7taken, or in the process of being taken, against a license held or
8previously held by the applicant.
9(5) Evidence satisfactory to the department of the applicant’s
10ability to meet regulatory requirements for the level of care the
11facility intends to provide.
12(6) Evidence satisfactory to the department of adequate
13knowledge of supportive services and other community supports
14that may be necessary to meet the needs of youth residents.
15(7) Designation by the applicant of the individual who shall be
16the administrator of the facility, including, if the applicant is an
17individual, whether the licensee shall also be the administrator.
18(8) A signed statement that the individual submitting the
19application for a license has read and understands the laws and
20regulations governing a private residential care facility for youth.
21(9) Any other information as may be required by the department
22for the proper administration and enforcement of this chapter.
23(10) The facilities plan of operation in accordance with Section
2480022 of Title 22 of the California Code of Regulations.
25(e) The department shall notify a prospective applicant for
26licensure of all of the following:
27(1) At the time of the initial request for information regarding
28the application for licensure, that, prior to obtaining a license, the
29facility shall secure and maintain a fire clearance approval from
30the appropriate local fire enforcing agency or the State Fire
31Marshall, whichever has primary fire protection jurisdiction.
32(2) The provisions of Section 13235 relating to the fire safety
34(3) That the fire clearance shall be in accordance with state and
35local fire safety regulations.
36(f) (1) The department shall deny an application to issue a
37license if the applicant fails to cooperate with the department in
38completing the application.
39(2) An applicant shall have failed to cooperate if the applicant
40has not provided the information described in this section and in
P11 1applicable regulations of the department, or has not provided that
2information in the form requested by the department.
3(g) Any duly authorized officer, employee, or agent of the
4department may, upon presentation of proper identification, enter
5and inspect any place within a private residential care facility for
6youth providing personal care, supervision, or services at any time,
7with or without advance notice, to secure compliance with, or to
8prevent a violation of, this chapter.
9(h) (1) The department may charge an application fee, adjusted
10by capacity, for the issuance of a license to operate a private
11residential care facility for youth, in an amount not to exceed the
12costs reasonably borne by the department in licensing these
14(2) The department may charge a regulatory fee on each annual
15anniversary of the effective date of the license, in an amount not
16to exceed the costs reasonably borne by the department in
17regulating these facilities.
18(3) Fee moneys collected pursuant to this subdivision shall be
19available to the department, upon appropriation of the Legislature,
20solely for the purposes of this section.
21(i) (1) The Legislature finds and declares that the quality of
22services provided to residents of a private residential care facility
23for youth is dependent upon the training and skills of the staff. It
24is the intent of the Legislature in enacting this section to ensure
25that a direct-care staff member has the knowledge and proficiency
26to carry out the tasks of his or her job.
28 A staff member of a private residential care
29facility for youth who supervises residents shall receive appropriate
30training consisting of 10 hours within the first four weeks of
31employment and 8 hours annually thereafter. This training shall
32be administered while the staff is working at the facility, or in a
33classroom setting, or a combination of those settings.
37(3) A facility shall
38submit its training plan to the department and shall implement the
39training plan only after the department has approved the plan. The
P12 1training plan shall include, but not be limited to, all of the following
3(A) Residents’ rights as described in subdivision
begin delete (j).end delete
4(B) Psychosocial needs of youth.
5(C) Appropriate response to emergencies.
6(D) Physical needs for youth residents.
7(E) Cultural competency and sensitivity in issues relating to the
8underserved, lesbian, gay, bisexual, and transgender communities.
9(F) Laws and regulations pertaining to community care facilities
10and programs of private residential care facilities for
12(G) The department shall adopt regulations that establish
13additional subject matter required to be included in this training.
15 A resident of a private residential care facility for
16youth has all of the following
begin delete rights:end delete
18(1) To be accorded dignity in his or her personal relationships
19with staff, residents, and other persons.
20(2) To be granted a reasonable level of personal privacy in
21accommodations, medical care, personal care and assistance, visits,
22written and electronic communications, and telephone
24(3) To confidential care of his or her records and personal
25information, and to approve release of those records prior to their
26release, except as otherwise authorized or required by law.
27(4) To care, supervision, and services that meet his or her
28individual needs and are delivered by staff that are sufficient in
29numbers, qualifications, and competency to meet his or her needs
30and ensure his or her safety.
31(5) To be served food of the quality and in the quantity necessary
32to meet his or her nutritional needs.
33(6) (A) To present grievances and recommend changes in
34policies, procedures, and services to the facility’s staff,
35management, and governing authority, and any other person
36without restraint, coercion, discrimination, reprisal, or other
38(B) To have the licensee take prompt actions to respond to those
P13 1(7) To have frequent contact with parents or guardians, including
2scheduled and unscheduled telephone conversations, unrestricted
3written correspondence, and electronic communications.
4(8) To be fully informed, as evidenced by the resident’s written
5acknowledgment, prior to, or at the time of, admission to the
6facility, of all the rules governing the resident’s conduct and
8(9) To receive in the admission agreement, information that
9details the planned treatments and care for the resident.
10(10) For parents or guardians to remove the resident
11from the facility.
12(11) To consent to have a relative or other person of the
13resident’s choosing visit or telephone during reasonable hours,
14privately and without prior notice.
15(12) To be free of corporal punishment, deprivation of basic
16necessities, including education, as a punishment, deterrent, or
17incentive, and physical restraints of any kind.
18(13) To receive supportive mental and emotional
19services from trained staff who are licensed or are overseen by
20licensed mental health professionals.
21(14) To be free from abusive, humiliating, degrading, or
24 (1) A private
residential care facility for youth
25shall not accept for placement, or provide care or supervision to,
26a child assessed as seriously emotionally disturbed, unless the State
27Department of Health Care Services has certified the facility as a
28program meets the standards to provide mental health
29treatment services for a seriously emotionally disturbed child set
30forth in Section 4096.5 of the Welfare and Institutions Code.
31(2) “Seriously emotionally disturbed” has the meaning defined
32in paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare
33and Institutions Code.
35 Unless a private residential care facility for youth
36has been licensed as an alcoholism or drug abuse recovery or
37treatment facility pursuant to Section 11834.01, the facility shall
38not advertise or promote services designed to promote the treatment
39of, or maintain recovery from, alcohol or drug use, which services
40include one or more of the following types of treatment:
P14 1(1) Detoxification.
2(2) Group sessions.
3(3) Individual sessions.
4(4) Educational sessions.
5(5) Alcoholism or drug abuse recovery or treatment planning.
7 A private residential care facility for youth shall
8not provide secure containment or use restraints of any kind unless
9the program components are subject to program standards
10developed and enforced by the State Department of Health Care
11Services pursuant to Section 4094 of the Welfare and Institutions
14 A private
residential care facility for youth is not
15an eligible placement option pursuant to Section 319, 361.2, 450,
16or 727 of the Welfare and Institutions Code.
18 A private residential care facility for youth is not
19eligible for a rate pursuant to Section 11462 of the Welfare and
22 A private residential care facility for youth shall
23not accept for residential placement a child younger than 12 years
26 A licensee of a private residential care facility for
27youth that advertises or promotes special care, programming, or
28environments for persons with a mental health, emotional, or social
29challenge, shall provide each prospective resident and his or her
30parent or guardian an accurate narrative description of these
31programs and services. The facility shall provide the description
32in writing prior to admitting the prospective resident.
Section 1505 of the Health and Safety Code is amended
This chapter does not apply to any of the following:
37(a) Any health facility, as defined by Section 1250.
38(b) Any clinic, as defined by Section 1202.
P15 1(c) Any juvenile placement facility approved by the Department
2of Corrections and Rehabilitation, Division of Juvenile Justice, or
3any juvenile hall operated by a county.
4(d) Any place in which a juvenile is judicially placed pursuant
5to subdivision (a) of Section 727 of the Welfare and Institutions
7(e) Any child day care facility, as defined in Section 1596.750.
8(f) Any facility conducted by and for the adherents of any
9well-recognized church or religious denomination for the purpose
10of providing facilities for the care or treatment of the sick who
11depend solely upon prayer or spiritual means for healing in the
12practice of the religion of the church or denomination.
13(g) Any school dormitory or similar facility determined by the
14department, except a private residential care facility for
15youth as defined in Section 1502.2.
16(h) Any house, institution, hotel, homeless shelter, or other
17similar place that supplies board and room only, or room only, or
18board only, provided that no resident thereof requires any element
19of care as determined by the director.
20(i) Recovery houses or other similar facilities providing group
21living arrangements for adults recovering from alcoholism or drug
22addiction where the facility provides no care or supervision.
23(j) Any alcoholism or drug abuse recovery or treatment facility
24serving adults as defined by Section 11834.11.
25(k) Any arrangement for the receiving and care of persons by
26a relative or any arrangement for the receiving and care of persons
27from only one family by a close friend of the parent, guardian, or
28conservator, if the arrangement is not for financial profit and occurs
29only occasionally and irregularly, as defined by regulations of the
30department. For purposes of this chapter, arrangements for the
31receiving and care of persons by a relative shall include relatives
32of the child for the purpose of keeping sibling groups together.
33(l) (1) Any home of a relative caregiver of children who are
34placed by a juvenile court, supervised by the county welfare or
35probation department, and the placement of whom is approved
36according to subdivision (d) of Section 309 of the Welfare and
38(2) Any home of a nonrelative extended family member, as
39described in Section 362.7 of the Welfare and Institutions Code,
40providing care to children who are placed by a juvenile court,
P16 1supervised by the county welfare or probation department, and the
2placement of whom is approved according to subdivision (d) of
3Section 309 of the Welfare and Institutions Code.
4(3) On and after January 1, 2012, any supervised independent
5living placement for nonminor dependents, as defined in
6subdivision (w) of Section 11400 of the Welfare and Institutions
7Code, who are placed by the juvenile court, supervised by the
8county welfare department, probation department, Indian tribe,
9consortium of tribes, or tribal organization that entered into an
10agreement pursuant to Section 10553.1 of the Welfare and
11Institutions Code, and whose placement is approved pursuant to
12subdivision (k) of Section 11400 of the Welfare and Institutions
14(4) A Transitional Housing Program-Plus, as defined in
15subdivision (s) of Section 11400 of the Welfare and Institutions
16Code, that serves only eligible former foster youth over 18 years
17of age who have exited from the foster care system on or after their
1818th birthday, and that has obtained certification from the
19applicable county in accordance with subdivision (c) of Section
2016522 of the Welfare and Institutions Code.
21(m) Any supported living arrangement for individuals with
22developmental disabilities, as defined in Section 4689 of the
23Welfare and Institutions Code.
24(n) (1) Any family home agency, family home, or family
25teaching home as defined in Section 4689.1 of the Welfare and
26Institutions Code, that is vendored by the State Department of
27Developmental Services and that does any of the following:
28(A) As a family home approved by a family home agency,
29provides 24-hour care for one or two adults with developmental
30disabilities in the residence of the family home provider or
31providers and the family home provider or providers’ family, and
32the provider is not licensed by the State Department of Social
33Services or the State Department of Public Health or certified by
34a licensee of the State Department of Social Services or the State
35Department of Public Health.
36(B) As a family
teaching home approved by a family home
37agency, provides 24-hour care for a maximum of three adults with
38developmental disabilities in independent residences, whether
39contiguous or attached, and the provider is not licensed by the
40State Department of Social Services or the State Department of
P17 1Public Health or certified by a licensee of the State Department of
2Social Services or the State Department of Public Health.
3(C) As a family home agency, engages in recruiting, approving,
4and providing support to family homes.
5(2) No part of this subdivision shall be construed as establishing
6by implication either a family home agency or family home
8(o) Any facility in which only Indian children who are eligible
9under the federal Indian Child Welfare Act (Chapter 21
10(commencing with Section 1901) of Title 25 of the United States
11Code) are placed and that is one of the following:
12(1) An extended family member of the Indian child, as defined
13in Section 1903 of Title 25 of the United States Code.
14(2) A foster home that is licensed, approved, or specified by the
15Indian child’s tribe pursuant to Section 1915 of Title 25 of the
16United States Code.
17(p) (1) (A) Any housing occupied by elderly or disabled
18persons, or both, that is initially approved and operated under a
19regulatory agreement pursuant to Section 202 of Public Law 86-372
20(12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625
21(42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to
22Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that
23receives mortgage assistance pursuant to Section 221d (3) of Public
24Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are
25made available to residents at their option, as long as the project
26owner or operator does not contract for or provide the supportive
28(B) Any housing that qualifies for a low-income housing credit
29pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42)
30or that is subject to the requirements for rental dwellings for
31low-income families pursuant to Section 8 of Public Law 93-383
32(42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
33persons, or both, where supportive services are made available to
34residents at their option, as long as the project owner or operator
35does not contract for or provide the supportive services.
36(2) The project owner or operator to which paragraph (1) applies
37may coordinate, or help residents gain access to, the supportive
38services, either directly, or through a service coordinator.
39(q) A resource family, as defined in Section 16519.5 of the
40Welfare and Institutions Code.
P18 1(r) Any similar facility determined by the director.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California