SB 524, as amended, Lara. Private or public 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 or public residential care facility for youth,” for purposes of the act, and would make those facilities subject to regulation under the act. 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 or public residential care facility for youth unless all therapeutic components of the programs provided at the facility are licensed by the appropriate agency or department.
The bill would require these facilities 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. The bill would make a staff member of a private or public residential care facility for youth a mandated child abuse reporter.
By making private residential care facilities for youth subject to the criminal penalties under the act, this bill would create new crimes, 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
3(a) For decades, hundreds of nontraditional treatment programs
4that are intended to be less restrictive treatment options for children
5with significant behavioral issues have been established nationwide,
6with 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
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
P3 1sexual orientation or gender identity, and have mental health and
2substance use issues.
3(g) It is the role of the Legislature to ensure proper licensing
4and regulation of residential facilities for the protection and care
5of all citizens.
6(h) It is the intent of the Legislature that the state license private
7or public residential care for youth as a community care facility
8to ensure the safety of children residing in those facilities.
Section 1502 of the Health and Safety Code is amended
As used in this chapter:
12(a) “Community care facility” means any facility, place, or
13building that is maintained and operated to provide nonmedical
14residential care, day treatment, adult day care, or foster family
15agency services for children, adults, or children and adults,
16including, but not limited to, the physically handicapped, mentally
17impaired, incompetent persons, and abused or neglected children,
18and includes the following:
19(1) “Residential facility” means any family home, group care
20facility, or similar facility determined by the director, for 24-hour
21nonmedical care of persons in need of personal services,
22supervision, or assistance essential for sustaining the activities of
23daily living or for the protection of the individual.
24(2) “Adult day program” means any community-based facility
25or program that provides care to persons 18 years of age or older
26in need of personal services, supervision, or assistance essential
27for sustaining the activities of daily living or for the protection of
28these individuals on less than a 24-hour basis.
29(3) “Therapeutic day services facility” means any facility that
30provides nonmedical care, counseling, educational or vocational
31support, or social rehabilitation services on less than a 24-hour
32basis to persons under 18 years of age who would otherwise be
33placed in foster care or who are returning to families from foster
34care. Program standards for these facilities shall be developed by
35the department, pursuant to Section 1530, in consultation with
36therapeutic day services and foster care providers.
37(4) “Foster family agency” means any organization engaged in
38the recruiting, certifying, and training of, and providing
39professional support to, foster parents, or in finding homes or other
40places for placement of children for temporary or permanent care
P4 1who require that level of care as an alternative to a group home.
2Private foster family agencies shall be organized and operated on
3a nonprofit basis.
4(5) “Foster family home” means any residential facility
5providing 24-hour care for six or fewer foster children that is
6owned, leased, or rented and is the residence of the foster parent
7or parents, including their family, in whose care the foster children
8 have been placed. The placement may be by a public or private
9child placement agency or by a court order, or by voluntary
10placement by a parent, parents, or guardian. It also means a foster
11family home described in Section 1505.2.
12(6) “Small family home” means any residential facility, in the
13licensee’s family residence, that provides 24-hour care for six or
14fewer foster children who have mental disorders or developmental
15or physical disabilities and who require special care and supervision
16as a result of their disabilities. A small family home may accept
17children with special health care needs, pursuant to subdivision
18(a) of Section 17710 of the Welfare and Institutions Code. In
19addition to placing children with special health care needs, the
20department may approve placement of children without special
21health care needs, up to the licensed capacity.
22(7) “Social rehabilitation facility” means any residential facility
23that provides social rehabilitation services for no longer than 18
24months in a group setting to adults recovering from mental illness
25who temporarily need assistance, guidance, or counseling. Program
26components shall be subject to program standards pursuant to
27Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
282 of Division 5 of the Welfare and Institutions Code.
29(8) “Community treatment facility” means any residential
30facility that provides mental health treatment services to children
31in a group setting and that has the capacity to provide secure
32containment. Program components shall be subject to program
33standards developed and enforced by the State Department of
34Health Care Services pursuant to Section 4094 of the Welfare and
36Nothing in this section shall be construed to prohibit or
37discourage placement of persons who have mental or physical
38disabilities into any category of community care facility that meets
39the needs of the individual placed, if the placement is consistent
40with the licensing regulations of the department.
P5 1(9) “Full-service adoption agency” means any licensed entity
2engaged in the business of providing adoption services, that does
3all of the following:
4(A) Assumes care, custody, and control of a child through
5relinquishment of the child to the agency or involuntary termination
6of parental rights to the child.
7(B) Assesses the birth parents, prospective adoptive parents, or
9(C) Places children for adoption.
10(D) Supervises adoptive placements.
11Private full-service adoption agencies shall be organized and
12operated on a nonprofit basis. As a condition of licensure to provide
13intercountry adoption services, a full-service adoption agency shall
14be accredited and in good standing according to Part 96 of Title
1522 of the Code of Federal Regulations, or supervised by an
16accredited primary provider, or acting as an exempted provider,
17in compliance with Subpart F (commencing with Section 96.29)
18of Part 96 of Title 22 of the Code of Federal Regulations.
adoption agency” means any licensed entity
20engaged in the business of providing adoption services, that does
21all of the following:
22(A) Assesses the prospective adoptive parents.
23(B) Cooperatively matches children freed for adoption, who are
24under the care, custody, and control of a licensed adoption agency,
25for adoption, with assessed and approved adoptive applicants.
26(C) Cooperatively supervises adoptive placements with a
27full-service adoptive agency, but does not disrupt a placement or
28 remove a child from a placement.
29Private noncustodial adoption agencies shall be organized and
30operated on a nonprofit basis. As a condition of licensure to provide
31intercountry adoption services, a noncustodial adoption agency
32shall be accredited and in good standing according to Part 96 of
33Title 22 of the Code of Federal Regulations, or supervised by an
34accredited primary provider, or acting as an exempted provider,
35in compliance with Subpart F (commencing with Section 96.29)
36of Part 96 of Title 22 of the Code of Federal Regulations.
37(11) “Transitional shelter care facility” means any group care
38facility that provides for 24-hour nonmedical care of persons in
39need of personal services, supervision, or assistance essential for
40sustaining the activities of daily living or for the protection of the
P6 1individual. Program components shall be subject to program
2standards developed by the State Department of Social Services
3pursuant to Section 1502.3.
4(12) “Transitional housing placement provider” means an
5organization licensed by the department pursuant to Section
61559.110 and Section 16522.1 of the Welfare and Institutions Code
7to provide transitional housing to foster children at least 16 years
8of age and not more than 18 years of age, and nonminor
9dependents, as defined in subdivision (v) of Section 11400 of the
10Welfare and Institutions Code, to promote their transition to
11adulthood. A transitional housing placement provider shall be
12privately operated and organized on a nonprofit basis.
13(13) “Group home” means a residential facility that provides
1424-hour care and supervision to children, delivered at least in part
15by staff employed by the licensee in a structured environment. The
16care and supervision provided by a group home shall be
17nonmedical, except as otherwise permitted by law.
18(14) “Runaway and homeless youth shelter” means a group
19home licensed by the department to operate a program pursuant
20to Section 1502.35 to provide voluntary, short-term, shelter and
21personal services to runaway youth or homeless youth, as defined
22in paragraph (2) of subdivision (a) of Section 1502.35.
23(15) “Enhanced behavioral supports home” means a facility
24certified by the State Department of Developmental Services
25pursuant to Article 3.6 (commencing with Section 4684.80) of
26Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
27and licensed by the State Department of Social Services as an adult
28residential facility or a group home that provides 24-hour
29nonmedical care to individuals with developmental disabilities
30who require enhanced behavioral supports, staffing, and
31supervision in a homelike setting. An enhanced behavioral supports
32home shall have a maximum capacity of four consumers, shall
33conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
34Regulations, and shall be eligible for federal Medicaid home- and
35community-based services funding.
36(16) “Community crisis home” means a facility certified by the
37State Department of Developmental Services pursuant to Article
388 (commencing with Section 4698) of Chapter 6 of Division 4.5
39of the Welfare and Institutions Code, and licensed by the State
40Department of Social Services pursuant to Article 9.7 (commencing
P7 1with Section 1567.80), as an adult residential facility, providing
224-hour nonmedical care to individuals with developmental
3disabilities receiving regional center service, in need of crisis
4intervention services, and who would otherwise be at risk of
5admission to the acute crisis center at Fairview Developmental
6Center, Sonoma Developmental Center, an acute general hospital,
7acute psychiatric hospital, an institution for mental disease, as
8described in Part 5 (commencing with Section 5900) of Division
95 of the Welfare and Institutions Code, or an out-of-state
10placement. A community crisis home shall have a maximum
11capacity of eight consumers, as defined in subdivision (a) of
12Section 1567.80, shall conform to Section 441.530(a)(1) of Title
1342 of the Code of Federal Regulations, and shall be eligible for
14federal Medicaid home- and community-based services funding.
15(17) “Crisis nursery” means a facility licensed by the department
16to operate a program pursuant to Section 1516 to provide short-term
17care and supervision for children under six years of age who are
18voluntarily placed for temporary care by a parent or legal guardian
19due to a family crisis or stressful situation.
20(18) “Private or public residential care facility for youth” means
21a facility or program licensed by the department to operate pursuant
22to Section 1502.2 to provide nonmedical care, counseling, or
23educational or vocational support to persons under 18 years of age
24with social, emotional, behavioral, or mental health issues or
26(b) “Department” or “state department” means the State
27Department of Social Services.
28(c) “Director” means the Director of Social Services.
Section 1502.2 is added to the Health and Safety Code,
(a) The department shall license a private or public
32residential care facility for youth as a community care facility
33pursuant to this chapter. A private or public residential care facility
34for youth may provide any of the following:
35(1) A program with wilderness or outdoor experience,
36expedition, or intervention.
37(2) A boot camp experience or other experience designed to
38simulate characteristics of basic military training or correctional
40(3) A therapeutic boarding school.
P8 1(4) A behavior modification program.
2(b) The department shall not license a private or public
3residential care facility for youth unless all therapeutic components
4of the programs provided at the facility are licensed by the
5appropriate agency or department.
6(c) (1) A staff member of a private or public residential care
7facility for youth who supervises residents shall receive appropriate
8training consisting of 10 hours within the first four weeks of
9employment and 8 hours annually thereafter. This training shall
10be administered while the staff is working at the facility, or in a
11classroom setting, or a combination of those settings.
12(2) A staff member of a private or public
residential care facility
13for youth is a mandated child abuse reporter, as described in
14subdivision (a) of Section 11165.7 of the Penal Code.
15(3) A private or public residential care facility for youth shall
16submit its training plan to the department and shall implement the
17training plan only after the department has approved the plan. The
18training plan shall include, but not be limited to, all of the following
20(A) Residents’ rights as described in subdivision (d).
21(B) Psychosocial needs of youth.
22(C) Appropriate response to emergencies.
23(D) Physical needs for youth residents.
24(E) Cultural competency and sensitivity in issues relating to the
25underserved, lesbian, gay, bisexual, and transgender communities.
26(F) Laws and regulations pertaining to community care facilities
27and programs of private or public residential care facilities for
29(G) The department shall adopt regulations that establish
30additional subject matter required to be included in this training.
31(d) A resident of a private or public residential care facility for
32youth has all of the following rights, a list of which shall be
33publically posted and accessible to residents:
34(1) To be accorded dignity in his or her
35with staff, residents, and other persons.
36(2) To be granted a reasonable level of personal privacy in
37accommodations, medical care, personal care and assistance, visits,
38written and electronic communications, and telephone
P9 1(3) To confidential care of his or her records and personal
2information, and to approve release of those records prior to their
3release, except as otherwise authorized or required by law.
4(4) To care, supervision, and services that meet his or her
5individual needs and are delivered by staff that are sufficient in
6numbers, qualifications, and competency to meet his or her needs
7and ensure his or her safety.
8(5) To be served food of the quality and in the quantity necessary
9to meet his or her nutritional needs.
10(6) (A) To present grievances and recommend changes in
11policies, procedures, and services to the facility’s staff,
12management, and governing authority, and any other person
13without restraint, coercion, discrimination, reprisal, or other
15(B) To have the licensee take prompt actions to respond to those
17(7) To have frequent contact with parents or guardians, including
18scheduled and unscheduled telephone conversations, unrestricted
19written correspondence, and electronic communications.
20(8) To be fully informed, as evidenced by the resident’s written
21acknowledgment, prior to, or at the time of, admission to the
22facility, of all the rules governing the resident’s conduct and
24(9) To receive in the admission agreement, information that
25details the planned treatments and care for the resident.
26(10) For custodial parents or guardians to remove the resident
27from the facility.
28(11) To consent to have a relative or other person of the
29resident’s choosing visit or telephone during reasonable hours,
30privately and without prior notice.
31(12) To be free of corporal punishment, deprivation of basic
32necessities, including education, as a punishment, deterrent, or
33incentive, and physical restraints of any kind.
34(13) To receive supportive mental and emotional health-related
35services from trained staff who are licensed or are overseen by
36licensed mental health professionals.
37(14) To be free from abusive, humiliating, degrading, or
39(e) (1) A private or public residential care facility for youth
40shall not accept for placement, or provide care or supervision to,
P10 1a child assessed as seriously emotionally disturbed, unless the State
2Department of Health Care Services has certified the facility as a
3program that meets the standards to provide mental health treatment
4services for a seriously emotionally disturbed child set forth in
5Section 4096.5 of the Welfare and Institutions Code.
6(2) “Seriously emotionally disturbed” has the meaning defined
7in paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare
8and Institutions Code.
9(f) Unless a private or public residential care facility for youth
10has been licensed as an alcoholism or drug abuse recovery or
11treatment facility pursuant to Section 11834.01, the facility shall
12not advertise or promote services designed to promote the treatment
13of, or maintain recovery from, alcohol or drug use, which services
14include one or more of the following types of treatment:
16(2) Group sessions.
17(3) Individual sessions.
18(4) Educational sessions.
19(5) Alcoholism or drug abuse recovery or treatment planning.
20(g) A private or public residential care facility for youth shall
21not provide secure containment or use restraints of any kind unless
22the program components are subject to program standards
23developed and enforced by the State Department of Health Care
24Services pursuant to Section 4094 of the Welfare and Institutions
26(h) A private or public residential care facility for youth is not
27an eligible placement option pursuant to Section 319, 361.2, 450,
28or 727 of the Welfare and Institutions Code.
29(i) A private or public residential care facility for youth is not
30eligible for a rate pursuant to Section 11462 of the Welfare and
32(j) A private or public residential care facility for youth shall
33not accept for residential placement a child younger than 12 years
35(k) A licensee of a private or public residential care facility for
36youth that advertises or promotes special care, programming, or
37environments for persons with a mental health, emotional, or social
38challenge, shall provide each prospective resident and his or her
39parent or guardian an accurate narrative description of these
P11 1programs and services. The facility shall provide the description
2in 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:
6(a) Any health facility, as defined by Section 1250.
7(b) Any clinic, as defined by Section 1202.
8(c) Any juvenile placement facility approved by the Department
9of Corrections and Rehabilitation, Division of Juvenile Justice, or
10any juvenile hall operated by a county.
11(d) Any place in which a juvenile is judicially placed pursuant
12to subdivision (a) of Section 727 of the Welfare and Institutions
14(e) Any child day care facility, as defined in Section 1596.750.
15(f) Any facility conducted by and for the adherents of any
16well-recognized church or religious denomination for the purpose
17of providing facilities for the care or treatment of the sick who
18depend solely upon prayer or spiritual means for healing in the
19practice of the religion of the church or
begin delete denomination.end delete
22(g) Any school dormitory or similar facility determined by the
23department, except a private or public residential care facility for
24youth as defined in Section
begin delete 1502.2end delete.
25(h) Any house, institution, hotel, homeless shelter, or other
26similar place that supplies board and room only, or room only, or
27board only, provided that no resident thereof requires any element
28of care as determined by the director.
29(i) Recovery houses or other similar facilities providing group
30living arrangements for adults recovering from alcoholism or drug
31addiction where the facility provides no care or supervision.
32(j) Any alcoholism or drug abuse recovery or treatment facility
33serving adults as defined by Section 11834.11.
34(k) Any arrangement for the receiving and care of persons by
35a relative or any arrangement for the receiving and care of persons
36from only one family by a close friend of the parent, guardian, or
37conservator, if the arrangement is not for financial profit and occurs
38only occasionally and irregularly, as defined by regulations of the
39department. For purposes of this chapter, arrangements for the
P12 1receiving and care of persons by a relative shall include relatives
2of the child for the purpose of keeping sibling groups together.
3(l) (1) Any home of a relative caregiver of children who are
4placed by a juvenile court, supervised by the county welfare or
5probation department, and the placement of whom is approved
6according to subdivision (d) of Section 309 of the Welfare and
8(2) Any home of a nonrelative extended family member, as
9described in Section 362.7 of the Welfare and Institutions Code,
10providing care to children who are placed by a juvenile court,
11supervised by the county welfare or probation department, and the
12placement of whom is approved according to subdivision (d) of
13Section 309 of the Welfare and Institutions Code.
14(3) On and after January 1, 2012, any supervised independent
15living placement for nonminor dependents, as defined in
16subdivision (w) of Section 11400 of the Welfare and Institutions
17Code, who are placed by the juvenile court, supervised by the
18county welfare department, probation department, Indian tribe,
19consortium of tribes, or tribal organization that entered into an
20agreement pursuant to Section 10553.1 of the Welfare and
21Institutions Code, and whose placement is approved pursuant to
22subdivision (k) of Section 11400 of the Welfare and Institutions
24(4) A Transitional Housing Program-Plus, as defined in
25subdivision (s) of Section 11400 of the Welfare and Institutions
26Code, that serves only eligible former foster youth over 18 years
27of age who have exited from the foster care system on or after their
2818th birthday, and that has obtained certification from the
29applicable county in accordance with subdivision (c) of Section
3016522 of the Welfare and Institutions Code.
31(m) Any supported living arrangement for individuals with
32developmental disabilities, as defined in Section 4689 of the
33Welfare and Institutions Code.
34(n) (1) Any family home agency, family home, or family
35teaching home as defined in Section 4689.1 of the Welfare and
36Institutions Code, that is vendored by the State Department of
37Developmental Services and that does any of the following:
38(A) As a family home approved by a family home agency,
39provides 24-hour care for one or two adults with developmental
40disabilities in the residence of the family home provider or
P13 1providers and the family home provider or providers’ family, and
2the provider is not licensed by the State Department of Social
3Services or the State Department of Public Health or certified by
4a licensee of the State Department of Social Services or the State
5Department of Public Health.
6(B) As a family teaching home approved by a family home
7agency, provides 24-hour care for a maximum of three adults with
8developmental disabilities in independent residences, whether
9contiguous or attached, and the provider is not licensed by the
10State Department of Social Services or the State Department of
11Public Health or certified by a licensee of the State Department of
12Social Services or the State Department of Public Health.
13(C) As a family home agency, engages in recruiting, approving,
14and providing support to family homes.
15(2) No part of this subdivision shall be construed as establishing
16by implication either a family home agency or family home
18(o) Any facility in which only Indian children who are eligible
19under the federal Indian Child Welfare Act (Chapter 21
20(commencing with Section 1901) of Title 25 of the United States
21Code) are placed and that is one of the following:
22(1) An extended family member of the Indian child, as defined
23in Section 1903 of Title 25 of the United States Code.
24(2) A foster home that is licensed, approved, or specified by the
25Indian child’s tribe pursuant to Section 1915 of Title 25 of the
26United States Code.
27(p) (1) (A) Any housing occupied by elderly or disabled
28persons, or both, that is initially approved and operated under a
29regulatory agreement pursuant to Section 202 of Public Law 86-372
30(12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625
31(42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to
32Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that
33receives mortgage assistance pursuant to Section 221d (3) of Public
34Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are
35made available to residents at their option, as long as the project
36owner or operator does not contract for or provide the supportive
38(B) Any housing that qualifies for a low-income housing credit
39pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42)
40or that is subject to the requirements for rental dwellings for
P14 1low-income families pursuant to Section 8 of Public Law 93-383
2(42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
3persons, or both, where supportive services are made available to
4residents at their option, as long as the project owner or operator
5does not contract for or provide the supportive services.
6(2) The project owner or operator to which paragraph (1) applies
7may coordinate, or help residents gain access to, the supportive
8services, either directly, or through a service coordinator.
9(q) A resource family, as defined in Section 16519.5 of the
10Welfare and Institutions Code.
11(r) Any similar facility determined by the director.
No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California