Amended in Assembly August 4, 2016

Amended in Assembly August 17, 2015

Amended in Assembly July 8, 2015

Amended in Senate May 5, 2015

Amended in Senate April 14, 2015

Senate BillNo. 524


Introduced by Senator Lara

(Coauthors: Senators Liu and McGuire)

(Coauthors: Assembly Members Lopez and Low)

February 26, 2015


An act to amend Sectionsbegin delete 1502 and 1505 of, and to add Section 1502.2end deletebegin insert 1502, 1505, 1507.6, 1522.06, 1522.44, 1523.1, 1538.8, and 1538.9 of, and to add Sections 1502.2 and 1502.21end insert to, the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 524, as amended, Lara. Privatebegin delete or public residential care facilities for youth.end deletebegin insert alternative boarding schools and outdoor programs.end insert

Existing law, the California Community Care Facilitiesbegin delete Act (the act),end deletebegin insert Act,end insert 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.

begin delete

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.

end delete
begin delete

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.

end delete
begin insert

This bill would define “private alternative boarding school” and “private alternative outdoor program” for purposes of the act and would make those facilities subject to regulation under the act. The bill would require the department, commencing January 1, 2018, to license private alternative boarding schools as group homes and, commencing January 1, 2019, to license private alternative outdoor programs as group homes. The bill would impose additional requirements on these facilities and programs, including, among others, requiring them to provide each prospective youth and his or her parent or legal guardian with an accurate written description of the programs and services to be provided and requiring their staff to receive training in specified subject areas. The bill would also establish rights for youth admitted to a private alternative boarding school or a private alternative outdoor program. The bill would require the department to adopt regulations implementing licensure of private alternative boarding schools by January 1, 2018, and to adopt regulations implementing licensure of private alternative outdoor programs by January 1, 2019, and would authorize the department to adopt emergency regulations in both instances.

end insert

By making privatebegin delete residential care facilities for youthend deletebegin insert alternative boarding schools and private alternative outdoor programsend insert subject tobegin delete theend delete 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:

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

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
11Revenue Code.

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

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

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

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

23(h) It is the intent of the Legislature that the state license private
24begin delete or public residential care for youthend deletebegin insert alternative boarding schools
25and private alternative outdoor programsend insert
asbegin delete aend delete community care
26begin delete facilityend deletebegin insert facilitiesend insert to ensure the safety of childrenbegin delete residing in those
27facilities.end delete
begin insert admitted to those schools or programs.end insert

begin delete
28

SEC. 2.  

Section 1502 of the Health and Safety Code is amended
29to read:

30

1502.  

As used in this chapter:

31(a) “Community care facility” means any facility, place, or
32building that is maintained and operated to provide nonmedical
33residential care, day treatment, adult day care, or foster family
P4    1agency services for children, adults, or children and adults,
2including, but not limited to, the physically handicapped, mentally
3impaired, incompetent persons, and abused or neglected children,
4and includes the following:

5(1) “Residential facility” means any family home, group care
6facility, or similar facility determined by the director, for 24-hour
7nonmedical care of persons in need of personal services,
8supervision, or assistance essential for sustaining the activities of
9daily living or for the protection of the individual.

10(2) “Adult day program” means any community-based facility
11or program that provides care to persons 18 years of age or older
12in need of personal services, supervision, or assistance essential
13for sustaining the activities of daily living or for the protection of
14these individuals on less than a 24-hour basis.

15(3) “Therapeutic day services facility” means any facility that
16provides nonmedical care, counseling, educational or vocational
17support, or social rehabilitation services on less than a 24-hour
18basis to persons under 18 years of age who would otherwise be
19placed in foster care or who are returning to families from foster
20care. Program standards for these facilities shall be developed by
21the department, pursuant to Section 1530, in consultation with
22therapeutic day services and foster care providers.

23(4) “Foster family agency” means any organization engaged in
24the recruiting, certifying, and training of, and providing
25professional support to, foster parents, or in finding homes or other
26places for placement of children for temporary or permanent care
27who require that level of care as an alternative to a group home.
28Private foster family agencies shall be organized and operated on
29a nonprofit basis.

30(5) “Foster family home” means any residential facility
31providing 24-hour care for six or fewer foster children that is
32owned, leased, or rented and is the residence of the foster parent
33or parents, including their family, in whose care the foster children
34 have been placed. The placement may be by a public or private
35child placement agency or by a court order, or by voluntary
36placement by a parent, parents, or guardian. It also means a foster
37family home described in Section 1505.2.

38(6) “Small family home” means any residential facility, in the
39licensee’s family residence, that provides 24-hour care for six or
40fewer foster children who have mental disorders or developmental
P5    1or physical disabilities and who require special care and supervision
2as a result of their disabilities. A small family home may accept
3children with special health care needs, pursuant to subdivision
4(a) of Section 17710 of the Welfare and Institutions Code. In
5addition to placing children with special health care needs, the
6department may approve placement of children without special
7health care needs, up to the licensed capacity.

8(7) “Social rehabilitation facility” means any residential facility
9that provides social rehabilitation services for no longer than 18
10months in a group setting to adults recovering from mental illness
11who temporarily need assistance, guidance, or counseling. Program
12components shall be subject to program standards pursuant to
13Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
142 of Division 5 of the Welfare and Institutions Code.

15(8) “Community treatment facility” means any residential
16facility that provides mental health treatment services to children
17in a group setting and that has the capacity to provide secure
18containment. Program components shall be subject to program
19standards developed and enforced by the State Department of
20Health Care Services pursuant to Section 4094 of the Welfare and
21Institutions Code.

22Nothing in this section shall be construed to prohibit or
23discourage placement of persons who have mental or physical
24disabilities into any category of community care facility that meets
25the needs of the individual placed, if the placement is consistent
26with the licensing regulations of the department.

27(9) “Full-service adoption agency” means any licensed entity
28engaged in the business of providing adoption services, that does
29all of the following:

30(A) Assumes care, custody, and control of a child through
31relinquishment of the child to the agency or involuntary termination
32of parental rights to the child.

33(B) Assesses the birth parents, prospective adoptive parents, or
34child.

35(C) Places children for adoption.

36(D) Supervises adoptive placements.

37Private full-service adoption agencies shall be organized and
38operated on a nonprofit basis. As a condition of licensure to provide
39intercountry adoption services, a full-service adoption agency shall
40be accredited and in good standing according to Part 96 of Title
P6    122 of the Code of Federal Regulations, or supervised by an
2accredited primary provider, or acting as an exempted provider,
3in compliance with Subpart F (commencing with Section 96.29)
4of Part 96 of Title 22 of the Code of Federal Regulations.

5(10) “Noncustodial adoption agency” means any licensed entity
6engaged in the business of providing adoption services, that does
7all of the following:

8(A) Assesses the prospective adoptive parents.

9(B) Cooperatively matches children freed for adoption, who are
10under the care, custody, and control of a licensed adoption agency,
11for adoption, with assessed and approved adoptive applicants.

12(C) Cooperatively supervises adoptive placements with a
13full-service adoptive agency, but does not disrupt a placement or
14 remove a child from a placement.

15Private noncustodial adoption agencies shall be organized and
16operated on a nonprofit basis. As a condition of licensure to provide
17intercountry adoption services, a noncustodial adoption agency
18shall be accredited and in good standing according to Part 96 of
19Title 22 of the Code of Federal Regulations, or supervised by an
20accredited primary provider, or acting as an exempted provider,
21in compliance with Subpart F (commencing with Section 96.29)
22of Part 96 of Title 22 of the Code of Federal Regulations.

23(11) “Transitional shelter care facility” means any group care
24facility that provides for 24-hour nonmedical care of persons in
25need of personal services, supervision, or assistance essential for
26sustaining the activities of daily living or for the protection of the
27individual. Program components shall be subject to program
28standards developed by the State Department of Social Services
29pursuant to Section 1502.3.

30(12) “Transitional housing placement provider” means an
31organization licensed by the department pursuant to Section
321559.110 and Section 16522.1 of the Welfare and Institutions Code
33to provide transitional housing to foster children at least 16 years
34of age and not more than 18 years of age, and nonminor
35dependents, as defined in subdivision (v) of Section 11400 of the
36Welfare and Institutions Code, to promote their transition to
37adulthood. A transitional housing placement provider shall be
38privately operated and organized on a nonprofit basis.

39(13) “Group home” means a residential facility that provides
4024-hour care and supervision to children, delivered at least in part
P7    1by staff employed by the licensee in a structured environment. The
2care and supervision provided by a group home shall be
3nonmedical, except as otherwise permitted by law.

4(14) “Runaway and homeless youth shelter” means a group
5home licensed by the department to operate a program pursuant
6to Section 1502.35 to provide voluntary, short-term, shelter and
7personal services to runaway youth or homeless youth, as defined
8in paragraph (2) of subdivision (a) of Section 1502.35.

9(15) “Enhanced behavioral supports home” means a facility
10certified by the State Department of Developmental Services
11pursuant to Article 3.6 (commencing with Section 4684.80) of
12Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
13and licensed by the State Department of Social Services as an adult
14residential facility or a group home that provides 24-hour
15nonmedical care to individuals with developmental disabilities
16who require enhanced behavioral supports, staffing, and
17supervision in a homelike setting. An enhanced behavioral supports
18home shall have a maximum capacity of four consumers, shall
19conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
20Regulations, and shall be eligible for federal Medicaid home- and
21community-based services funding.

22(16) “Community crisis home” means a facility certified by the
23State Department of Developmental Services pursuant to Article
248 (commencing with Section 4698) of Chapter 6 of Division 4.5
25of the Welfare and Institutions Code, and licensed by the State
26Department of Social Services pursuant to Article 9.7 (commencing
27with Section 1567.80), as an adult residential facility, providing
2824-hour nonmedical care to individuals with developmental
29disabilities receiving regional center service, in need of crisis
30intervention services, and who would otherwise be at risk of
31admission to the acute crisis center at Fairview Developmental
32Center, Sonoma Developmental Center, an acute general hospital,
33acute psychiatric hospital, an institution for mental disease, as
34described in Part 5 (commencing with Section 5900) of Division
355 of the Welfare and Institutions Code, or an out-of-state
36placement. A community crisis home shall have a maximum
37capacity of eight consumers, as defined in subdivision (a) of
38Section 1567.80, shall conform to Section 441.530(a)(1) of Title
3942 of the Code of Federal Regulations, and shall be eligible for
40federal Medicaid home- and community-based services funding.

P8    1(17) “Crisis nursery” means a facility licensed by the department
2to operate a program pursuant to Section 1516 to provide short-term
3care and supervision for children under six years of age who are
4voluntarily placed for temporary care by a parent or legal guardian
5due to a family crisis or stressful situation.

6(18) “Private or public residential care facility for youth” means
7a facility or program licensed by the department to operate pursuant
8to Section 1502.2 to provide nonmedical care, counseling, or
9educational or vocational support to persons under 18 years of age
10with social, emotional, behavioral, or mental health issues or
11disorders.

12(b) “Department” or “state department” means the State
13Department of Social Services.

14(c) “Director” means the Director of Social Services.

15

SEC. 3.  

Section 1502.2 is added to the Health and Safety Code,
16to read:

17

1502.2.  

(a) The department shall license a private or public
18residential care facility for youth as a community care facility
19pursuant to this chapter. A private or public residential care facility
20for youth may provide any of the following:

21(1) A program with wilderness or outdoor experience,
22expedition, or intervention.

23(2) A boot camp experience or other experience designed to
24simulate characteristics of basic military training or correctional
25regimes.

26(3) A therapeutic boarding school.

27(4) A behavior modification program.

28(b) The department shall not license a private or public
29residential care facility for youth unless all therapeutic components
30of the programs provided at the facility are licensed by the
31appropriate agency or department.

32(c) (1) A staff member of a private or public residential care
33facility for youth who supervises residents shall receive appropriate
34training consisting of 10 hours within the first four weeks of
35employment and 8 hours annually thereafter. This training shall
36be administered while the staff is working at the facility, or in a
37classroom setting, or a combination of those settings.

38(2) A staff member of a private or public residential care facility
39for youth is a mandated child abuse reporter, as described in
40subdivision (a) of Section 11165.7 of the Penal Code.

P9    1(3) A private or public residential care facility for youth shall
2submit its training plan to the department and shall implement the
3training plan only after the department has approved the plan. The
4training plan shall include, but not be limited to, all of the following
5subject areas:

6(A) Residents’ rights as described in subdivision (d).

7(B) Psychosocial needs of youth.

8(C) Appropriate response to emergencies.

9(D) Physical needs for youth residents.

10(E) Cultural competency and sensitivity in issues relating to the
11underserved, lesbian, gay, bisexual, and transgender communities.

12(F) Laws and regulations pertaining to community care facilities
13and programs of private or public residential care facilities for
14youth.

15(G) The department shall adopt regulations that establish
16additional subject matter required to be included in this training.

17(d) A resident of a private or public residential care facility for
18youth has all of the following rights, a list of which shall be
19publically posted and accessible to residents:

20(1) To be accorded dignity in his or her personal relationships
21with staff, residents, and other persons.

22(2) To be granted a reasonable level of personal privacy in
23accommodations, medical care, personal care and assistance, visits,
24written and electronic communications, and telephone
25conversations.

26(3) To confidential care of his or her records and personal
27information, and to approve release of those records prior to their
28release, except as otherwise authorized or required by law.

29(4) To care, supervision, and services that meet his or her
30individual needs and are delivered by staff that are sufficient in
31numbers, qualifications, and competency to meet his or her needs
32and ensure his or her safety.

33(5) To be served food of the quality and in the quantity necessary
34to meet his or her nutritional needs.

35(6) (A) To present grievances and recommend changes in
36policies, procedures, and services to the facility’s staff,
37management, and governing authority, and any other person
38without restraint, coercion, discrimination, reprisal, or other
39retaliatory actions.

P10   1(B) To have the licensee take prompt actions to respond to those
2grievances.

3(7) To have frequent contact with parents or guardians, including
4scheduled and unscheduled telephone conversations, unrestricted
5written correspondence, and electronic communications.

6(8) To be fully informed, as evidenced by the resident’s written
7acknowledgment, prior to, or at the time of, admission to the
8facility, of all the rules governing the resident’s conduct and
9responsibilities.

10(9) To receive in the admission agreement, information that
11details the planned treatments and care for the resident.

12(10) For custodial parents or guardians to remove the resident
13from the facility.

14(11) To consent to have a relative or other person of the
15resident’s choosing visit or telephone during reasonable hours,
16privately and without prior notice.

17(12) To be free of corporal punishment, deprivation of basic
18necessities, including education, as a punishment, deterrent, or
19incentive, and physical restraints of any kind.

20(13) To receive supportive mental and emotional health-related
21services from trained staff who are licensed or are overseen by
22licensed mental health professionals.

23(14) To be free from abusive, humiliating, degrading, or
24traumatizing actions.

25(e) (1) A private or public residential care facility for youth
26shall not accept for placement, or provide care or supervision to,
27a child assessed as seriously emotionally disturbed, unless the State
28Department of Health Care Services has certified the facility as a
29program that meets the standards to provide mental health treatment
30services for a seriously emotionally disturbed child set forth in
31Section 4096.5 of the Welfare and Institutions Code.

32(2) “Seriously emotionally disturbed” has the meaning defined
33in paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare
34and Institutions Code.

35(f) Unless a private or public 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:

P11   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.

6(g) A private or public residential care facility for youth shall
7not provide secure containment or use restraints of any kind unless
8the program components are subject to program standards
9developed and enforced by the State Department of Health Care
10Services pursuant to Section 4094 of the Welfare and Institutions
11Code.

12(h) A private or public residential care facility for youth is not
13an eligible placement option pursuant to Section 319, 361.2, 450,
14or 727 of the Welfare and Institutions Code.

15(i) A private or public residential care facility for youth is not
16eligible for a rate pursuant to Section 11462 of the Welfare and
17Institutions Code.

18(j) A private or public residential care facility for youth shall
19not accept for residential placement a child younger than 12 years
20of age.

21(k) A licensee of a private or public residential care facility for
22youth that advertises or promotes special care, programming, or
23environments for persons with a mental health, emotional, or social
24challenge, shall provide each prospective resident and his or her
25parent or guardian an accurate narrative description of these
26programs and services. The facility shall provide the description
27in writing prior to admitting the prospective resident.

end delete
28begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1502 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
29to read:end insert

30

1502.  

As used in this chapter:

31(a) “Community care facility” means any facility, place, or
32building that is maintained and operated to provide nonmedical
33residential care, day treatment, adult day care, or foster family
34agency services for children, adults, or children and adults,
35including, but not limited to, the physically handicapped, mentally
36impaired, incompetent persons, and abused or neglected children,
37and includes the following:

38(1) “Residential facility” means any family home, group care
39facility, or similar facility determined by the director, for 24-hour
40nonmedical care of persons in need of personal services,
P12   1supervision, or assistance essential for sustaining the activities of
2daily living or for the protection of the individual.

3(2) “Adult day program” means any community-based facility
4or program that provides care to persons 18 years of age or older
5in need of personal services, supervision, or assistance essential
6for sustaining the activities of daily living or for the protection of
7these individuals on less than a 24-hour basis.

8(3) “Therapeutic day services facility” means any facility that
9provides nonmedical care, counseling, educational or vocational
10support, or social rehabilitation services on less than a 24-hour
11basis to persons under 18 years of age who would otherwise be
12placed in foster care or who are returning to families from foster
13care. Program standards for these facilities shall be developed by
14the department, pursuant to Section 1530, in consultation with
15therapeutic day services and foster care providers.

16(4) “Foster family agency” means any public agency or private
17organization engaged in the recruiting, certifying, and training of,
18and providing professional support to, foster parents, or in finding
19homes or other places for placement of children for temporary or
20permanent care who require that level of care. Private foster family
21agencies shall be organized and operated on a nonprofit basis.

22(5) “Foster family home” means any residential facility
23providing 24-hour care for six or fewer foster children that is
24owned, leased, or rented and is the residence of the foster parent
25or parents, including their family, in whose care the foster children
26have been placed. The placement may be by a public or private
27child placement agency or by a court order, or by voluntary
28placement by a parent, parents, or guardian. It also means a foster
29family home described in Section 1505.2.

30(6) “Small family home” means any residential facility, in the
31licensee’s family residence, that provides 24-hour care for six or
32fewer foster children who have mental disorders or developmental
33or physical disabilities and who require special care and supervision
34as a result of their disabilities. A small family home may accept
35children with special health care needs, pursuant to subdivision
36(a) of Section 17710 of the Welfare and Institutions Code. In
37addition to placing children with special health care needs, the
38department may approve placement of children without special
39health care needs, up to the licensed capacity.

P13   1(7) “Social rehabilitation facility” means any residential facility
2that provides social rehabilitation services for no longer than 18
3months in a group setting to adults recovering from mental illness
4who temporarily need assistance, guidance, or counseling. Program
5components shall be subject to program standards pursuant to
6Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
72 of Division 5 of the Welfare and Institutions Code.

8(8) “Community treatment facility” means any residential
9facility that provides mental health treatment services to children
10in a group setting and that has the capacity to provide secure
11containment. Program components shall be subject to program
12standards developed and enforced by the State Department of
13Health Care Services pursuant to Section 4094 of the Welfare and
14Institutions Code.

15Nothing in this section shall be construed to prohibit or
16discourage placement of persons who have mental or physical
17disabilities into any category of community care facility that meets
18the needs of the individual placed, if the placement is consistent
19with the licensing regulations of the department.

20(9) “Full-service adoption agency” means any licensed entity
21engaged in the business of providing adoption services, that does
22all of the following:

23(A) Assumes care, custody, and control of a child through
24relinquishment of the child to the agency or involuntary termination
25of parental rights to the child.

26(B) Assesses the birth parents, prospective adoptive parents, or
27child.

28(C) Places children for adoption.

29(D) Supervises adoptive placements.

30Private full-service adoption agencies shall be organized and
31operated on a nonprofit basis. As a condition of licensure to provide
32intercountry adoption services, a full-service adoption agency shall
33be accredited and in good standing according to Part 96 of Title
3422 of the Code of Federal Regulations, or supervised by an
35accredited primary provider, or acting as an exempted provider,
36in compliance with Subpart F (commencing with Section 96.29)
37of Part 96 of Title 22 of the Code of Federal Regulations.

38(10) “Noncustodial adoption agency” means any licensed entity
39engaged in the business of providing adoption services, that does
40all of the following:

P14   1(A) Assesses the prospective adoptive parents.

2(B) Cooperatively matches children freed for adoption, who are
3under the care, custody, and control of a licensed adoption agency,
4for adoption, with assessed and approved adoptive applicants.

5(C) Cooperatively supervises adoptive placements with a
6full-service adoptive agency, but does not disrupt a placement or
7 remove a child from a placement.

8Private noncustodial adoption agencies shall be organized and
9operated on a nonprofit basis. As a condition of licensure to provide
10intercountry adoption services, a noncustodial adoption agency
11shall be accredited and in good standing according to Part 96 of
12Title 22 of the Code of Federal Regulations, or supervised by an
13accredited primary provider, or acting as an exempted provider,
14in compliance with Subpart F (commencing with Section 96.29)
15of Part 96 of Title 22 of the Code of Federal Regulations.

16(11) “Transitional shelter care facility” means any group care
17facility that provides for 24-hour nonmedical care of persons in
18need of personal services, supervision, or assistance essential for
19sustaining the activities of daily living or for the protection of the
20individual. Program components shall be subject to program
21standards developed by the State Department of Social Services
22pursuant to Section 1502.3.

23(12) “Transitional housing placement provider” means an
24organization licensed by the department pursuant to Section
251559.110 and Section 16522.1 of the Welfare and Institutions Code
26to provide transitional housing to foster children at least 16 years
27of age and not more than 18 years of age, and nonminor
28dependents, as defined in subdivision (v) of Section 11400 of the
29Welfare and Institutions Code, to promote their transition to
30adulthood. A transitional housing placement provider shall be
31privately operated and organized on a nonprofit basis.

32(13) “Group home” means a residential facility that provides
3324-hour care and supervision to children, delivered at least in part
34by staff employed by the licensee in a structured environment. The
35care and supervision provided by a group home shall be
36nonmedical, except as otherwise permitted by law.

37(14) “Runaway and homeless youth shelter” means a group
38home licensed by the department to operate a program pursuant
39to Section 1502.35 to provide voluntary, short-term, shelter and
P15   1personal services to runaway youth or homeless youth, as defined
2in paragraph (2) of subdivision (a) of Section 1502.35.

3(15) “Enhanced behavioral supports home” means a facility
4certified by the State Department of Developmental Services
5pursuant to Article 3.6 (commencing with Section 4684.80) of
6Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
7and licensed by the State Department of Social Services as an adult
8residential facility or a group home that provides 24-hour
9nonmedical care to individuals with developmental disabilities
10who require enhanced behavioral supports, staffing, and
11supervision in a homelike setting. An enhanced behavioral supports
12home shall have a maximum capacity of four consumers, shall
13conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
14Regulations, and shall be eligible for federal Medicaid home- and
15community-based services funding.

16(16) “Community crisis home” means a facility certified by the
17State Department of Developmental Services pursuant to Article
188 (commencing with Section 4698) of Chapter 6 of Division 4.5
19of the Welfare and Institutions Code, and licensed by the State
20Department of Social Services pursuant to Article 9.7 (commencing
21with Section 1567.80), as an adult residential facility, providing
2224-hour nonmedical care to individuals with developmental
23disabilities receiving regional center service, in need of crisis
24intervention services, and who would otherwise be at risk of
25admission to the acute crisis center at Fairview Developmental
26Center, Sonoma Developmental Center, an acute general hospital,
27acute psychiatric hospital, an institution for mental disease, as
28described in Part 5 (commencing with Section 5900) of Division
295 of the Welfare and Institutions Code, or an out-of-state
30placement. A community crisis home shall have a maximum
31capacity of eight consumers, as defined in subdivision (a) of
32Section 1567.80, shall conform to Section 441.530(a)(1) of Title
3342 of the Code of Federal Regulations, and shall be eligible for
34federal Medicaid home- and community-based services funding.

35(17) “Crisis nursery” means a facility licensed by the department
36to operate a program pursuant to Section 1516 to provide short-term
37care and supervision for children under six years of age who are
38voluntarily placed for temporary care by a parent or legal guardian
39due to a family crisis or stressful situation.

P16   1(18) “Short-term residential treatment center” means a
2residential facility licensed by the department pursuant to Section
31562.01 and operated by any public agency or private organization
4that provides short-term, specialized, and intensive treatment, and
524-hour care and supervision to children. The care and supervision
6provided by a short-term residential treatment center shall be
7nonmedical, except as otherwise permitted by law.

begin insert

8
(19) “Private alternative boarding school” means a group home
9licensed by the department to operate a program pursuant to
10Section 1502.2 to provide youth with 24-hour residential care and
11supervision, which, in addition to providing educational services
12to youth, provides, or holds itself out as providing,
13behavioral-based services to youth with social, emotional, or
14behavioral issues. The care and supervision provided by a private
15alternative boarding school shall be nonmedical, except as
16otherwise permitted by law.

end insert
begin insert

17
(20) “Private alternative outdoor program” means a group
18home licensed by the department to operate a program pursuant
19to Section 1502.21 to provide youth with 24-hour residential care
20and supervision, which provides, or holds itself out as providing,
21behavioral-based services in an outdoor living setting to youth
22with social, emotional, or behavioral issues. The care and
23supervision provided by a private alternative outdoor program
24shall be nonmedical, except as otherwise permitted by law.

end insert

25(b) “Department” or “state department” means the State
26Department of Social Services.

27(c) “Director” means the Director of Social Services.

28begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1502.2 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
29to read:end insert

begin insert
30

begin insert1502.2.end insert  

(a) Commencing January 1, 2018, the department
31shall license private alternative boarding schools, as defined in
32paragraph (19) of subdivision (a) of Section 1502, as a group
33home pursuant to this chapter. A licensed private alternative
34boarding school shall comply with all provisions of this chapter
35that are applicable to group homes, unless otherwise indicated,
36and with this section.

37
(b) A licensed private alternative boarding school shall comply
38with all of the following:

39
(1) It shall be owned and operated on a nonprofit basis by a
40private nonprofit corporation or a nonprofit organization.

P17   1
(2) It shall prepare and maintain a current, written plan of
2operation, as defined by the department.

3
(3) It shall offer 24-hour, nonmedical care and supervision to
4youth who voluntarily consent to being admitted to the program
5and who are voluntarily admitted by his or her parent or legal
6guardian.

7
(4) (A) It shall not admit a child younger than 12 years of age.

8
(B) It shall not admit a youth who has been assessed by a
9licensed mental health professional as seriously emotionally
10disturbed, unless the youth does not require care in a licensed
11health facility and the State Department of Health Care Services
12has certified the facility as a program that meets the standards to
13provide mental health treatment services for a child having a
14serious emotional disturbance, as set forth in Section 4096.5 of
15the Welfare and Institutions Code.

16
(5) It shall provide each prospective youth and his or her parent
17or legal guardian with an accurate written description of the
18programs and services to be provided. If it advertises or promotes
19special care, programming, or environments for persons with
20behavioral, emotional, or social challenges, the written description
21shall include how its programs and services are intended to achieve
22the advertised or promoted claims.

23
(6) It shall ensure that all individuals providing
24behavioral-based services to youth at the facility are licensed or
25certified by the appropriate agency, department, or accrediting
26body, as specified by the department in regulation.

27
(7) It shall not use secure containment or manual or mechanical
28restraints.

29
(8) If it offers access to, or holds itself out as offering access
30to, mental health services, it shall ensure that those services are
31provided by a licensed mental health provider.

32
(9) If it advertises or includes in its marketing materials
33reference to providing alcohol or substance abuse treatment, it
34shall ensure that the treatment is provided by a licensed or certified
35alcoholism or drug abuse recovery or treatment facility.

36
(c) A licensed private alternative boarding school shall submit
37a staff training plan to the department as part of its plan of
38operation. In addition to the training required of group home staff,
39the staff training plan shall include, but not be limited to, training
40in all of the following subject areas:

P18   1
(1) Youth rights, as described in subdivision (d).

2
(2) Physical and psychosocial needs of youth.

3
(3) Appropriate responses to emergencies, including an
4emergency intervention plan.

5
(4) Cultural competency and sensitivity in issues relating to the
6lesbian, gay, bisexual, and transgender communities.

7
(5) Laws pertaining to residential care facilities for youth.

8
(d) (1) A youth admitted to a licensed private alternative
9boarding school shall be accorded the following rights and any
10other rights adopted by the department in regulations, a list of
11which shall be publicly posted and accessible to youth. The
12personal rights enumerated in Section 84072 of Title 22 of the
13California Code of Regulations shall not apply.

14
(A) To be accorded dignity in his or her personal relationships
15with staff, youth, and other persons.

16
(B) To live in a safe, healthy, and comfortable environment
17where he or she is treated with respect.

18
(C) To be free from physical, sexual, emotional, or other abuse,
19or corporal punishment.

20
(D) To be granted a reasonable level of personal privacy in
21accommodations, personal care and assistance, and visits.

22
(E) To confidential care of his or her records and personal
23information, and to approve release of those records prior to
24release, except as otherwise authorized or required by law.

25
(F) To care, supervision, and services that meet his or her
26individual needs and that are delivered by staff who are sufficient
27in numbers, qualifications, and competency to meet his or her
28needs and ensure his or her safety.

29
(G) To be served food and beverages of the quality and in the
30quantity necessary to meet his or her nutritional and physical
31needs.

32
(H) (i) To present grievances and recommend changes in
33policies, procedures, and services to the facility’s staff,
34management, and governing authority, or any other person without
35restraint, coercion, discrimination, reprisal, or other retaliatory
36actions.

37
(ii) To have the licensee take prompt actions to respond to
38grievances presented pursuant to clause (i).

39
(I) To be able to contact parents or legal guardians, including
40 visits and scheduled and unscheduled private telephone
P19   1conversations, written correspondence, and electronic
2communications, unless prohibited by court order.

3
(J) To be fully informed, as evidenced by the youth’s written
4acknowledgment, prior to, or at the time of, admission at the
5facility, of all the rules governing the youth’s conduct and
6responsibilities.

7
(K) To receive in the admission agreement information that
8details the planned programs and services for the youth.

9
(L) To have his or her parents or legal guardians remove him
10or her from the facility.

11
(M) To consent to have visitors or telephone calls during
12reasonable hours, privately and without prior notice, if the visitors
13or telephone calls do not disrupt planned activities and are not
14 prohibited by court order or by the youth’s parent or legal
15guardian.

16
(N) To be free of corporal punishment, physical restraints of
17any kind, and deprivation of basic necessities, including education,
18as a punishment, deterrent, or incentive.

19
(O) To have caregivers who have received instruction on
20cultural competency and sensitivity relating to, and best practices
21for, providing adequate care to lesbian, gay, bisexual, and
22transgender youth in out-of-home care.

23
(P) To be free from acts that seek to change his or her sexual
24orientation, including efforts to change his or her gender
25expressions, or to eliminate or reduce sexual or romantic
26attractions or feelings toward individuals of the same sex.

27
(Q) To have fair and equal access to all available services,
28placement, care, treatment, and benefits and to not be subjected
29to discrimination or harassment on the basis of actual or perceived
30race, ethnic group identification, ancestry, national origin, color,
31religion, sex, sexual orientation, gender identity, mental or physical
32disability, or HIV status.

33
(R) To be free from abusive, humiliating, degrading, or
34traumatizing actions.

35
(2) Paragraph (1) shall not be interpreted to require a licensed
36private alternative boarding school to take any action that would
37impair the health or safety of youth in the facility.

38
(e) (1) A licensed private alternative boarding school is not an
39eligible placement option pursuant to Section 319, 361.2, 450, or
40727 of the Welfare and Institutions Code.

P20   1
(2) A licensed private alternative boarding school shall not be
2eligible for a rate pursuant to Section 11462 of the Welfare and
3Institutions Code.

4
(f) This section does not apply to any facility operated, licensed,
5or certified by the Department of Corrections and Rehabilitation
6and its Division of Juvenile Justice, the California Conservation
7Corps, the Military Department, or any other governmental entity
8or to a boarding school that solely focuses on academics.

9
(g) (1) On or before January 1, 2018, the department shall
10adopt regulations to implement this section, in consultation with
11interested parties, including representatives of private alternative
12boarding schools, former residents of private alternative boarding
13schools, and advocates for youth. Until regulations are adopted
14and become effective pursuant to the Administrative Procedure
15 Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of
16Division 3 of Title 2 of the Government Code, a private alternative
17boarding school shall be governed by the regulations applicable
18to group homes, Chapter 5 (commencing with Section 84000) of
19Division 6 of Title 22 of the California Code of Regulations.

20
(2) The department may adopt emergency regulations to
21implement this section. The adoption, amendment, repeal, or
22readoption of a regulation authorized by this section is deemed to
23address an emergency, for purposes of Sections 11346.1 and
2411349.6 of the Government Code, and the department is hereby
25exempted for this purpose from the requirements of subdivision
26(b) of Section 11346.1 of the Government Code.

27
(h) A private alternative boarding school operating prior to
28January 1, 2018, shall comply with licensing requirements on or
29before July 1, 2018.

30
(i) For the purpose of this section, “youth” means a person who
31is 12 to 17 years of age, inclusive, or a person who is 18 years of
32age if he or she is completing high school or its equivalent.

end insert
33begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1502.21 is added to the end insertbegin insertHealth and Safety
34Code
end insert
begin insert, to read:end insert

begin insert
35

begin insert1502.21.end insert  

(a) Commencing January 1, 2019, the department
36shall license private alternative outdoor programs, as defined in
37paragraph (20) of subdivision (a) of Section 1502, as a group
38home pursuant to this chapter. A private alternative outdoor
39program shall comply with the provisions of this chapter that are
P21   1applicable to group homes, unless otherwise indicated, and with
2this section.

3
(b) A licensed private alternative outdoor program shall comply
4with all of the following:

5
(1) It shall be owned and operated on a nonprofit basis by a
6private nonprofit corporation or a nonprofit organization.

7
(2) It shall prepare and maintain a current, written plan of
8operation, as defined by the department.

9
(3) It shall offer 24-hour, nonmedical care and supervision to
10youth who voluntarily consent to being admitted to the program
11and who are voluntarily admitted by his or her parent or legal
12guardian.

13
(4) It shall have a ratio of one staff person to every four youths.

14
(5) (A) It shall not admit a child who is younger than 12 years
15of age.

16
(B) It shall not admit a youth who has been assessed by a
17licensed mental health professional as seriously emotionally
18disturbed, unless the youth does not require care in a licensed
19health facility and the State Department of Health Care Services
20has certified the program as a program that meets the standards
21to provide mental health treatment services for a child having a
22serious emotional disturbance, as set forth in Section 4096.5 of
23the Welfare and Institutions Code.

24
(6) It shall provide each prospective youth and his or her parent
25or legal guardian with an accurate written description of the
26programs and services to be provided. If it advertises or promotes
27special care, programming, or environments for persons with
28behavioral, emotional, or social challenges, the written description
29shall include how its programs and services are intended to achieve
30the advertised or promoted claims.

31
(7) It shall ensure that all individuals providing
32behavioral-based services to youth in the program are licensed
33or certified by the appropriate agency, department, or accrediting
34body, as specified by the department in regulation.

35
(8) It shall not use secure containment or manual or mechanical
36restraints.

37
(9) If it offers access to, or holds itself out as offering access
38to, mental health services, it shall ensure that those services are
39provided by a licensed mental health provider.

P22   1
(10) If it advertises or includes in its marketing materials
2reference to providing alcohol or substance abuse treatment, it
3shall ensure that the treatment is provided by a licensed or certified
4alcoholism or drug abuse recovery or treatment facility.

5
(c) (1) In addition to the training required of group home staff
6by department regulations, a staff member of a licensed private
7alternative outdoor program who supervises youth shall receive
8an additional number of hours of initial and annual training, to
9be determined by the department in regulations developed in
10 consultation with stakeholders.

11
(2) A licensed private alternative outdoor program shall submit
12a staff training plan to the department as part of its plan of
13operation. The staff training plan shall provide for the number of
14additional initial and annual training hours required by paragraph
15(1) and shall include, but not be limited to, training in all of the
16following subject areas:

17
(A) Youth rights, as described in subdivision (d).

18
(B) Physical and psychosocial needs of youth.

19
(C) Appropriate responses to emergencies, including an
20emergency intervention plan.

21
(D) Cultural competency and sensitivity in issues relating to
22the lesbian, gay, bisexual, and transgender communities.

23
(E) Laws pertaining to residential care facilities for youth.

24
(F) Low-impact camping.

25
(G) Navigation skills.

26
(H) Water, food, and shelter procurement.

27
(I) Recognition of poisonous plants.

28
(J) Wilderness first aid.

29
(K) Health issues related to acclimation and exposure.

30
(L) Report writing and log maintenance.

31
(d) (1) A youth admitted to a licensed private alternative
32outdoor program shall be accorded the following rights and any
33other rights adopted by the department by regulation, a list of
34which shall be publicly posted and accessible to youth. The
35personal rights enumerated in Section 84072 of Title 22 of the
36California Code of Regulations shall not apply.

37
(A) To be accorded dignity in his or her personal relationships
38with staff, youth, and other persons.

39
(B) To live in a safe, healthy, and comfortable environment
40where he or she is treated with respect.

P23   1
(C) To be free from physical, sexual, emotional, or other abuse,
2or corporal punishment.

3
(D) To be granted a reasonable level of personal privacy in
4accommodations, personal care and assistance, and visits.

5
(E) To confidential care of his or her records and personal
6information, and to approve release of those records prior to
7release, except as otherwise authorized or required by law.

8
(F) To care, supervision, and services that meet his or her
9individual needs and that are delivered by staff who are sufficient
10in numbers, qualifications, and competency to meet his or her
11needs and ensure his or her safety.

12
(G) To be served food and beverages of the quality and in the
13quantity necessary to meet his or her nutritional and physical
14needs.

15
(H) (i) To present grievances and recommend changes in
16policies, procedures, and services to the program’s staff,
17management, and governing authority, or any other person without
18restraint, coercion, discrimination, reprisal, or other retaliatory
19actions.

20
(ii) To have the licensee take prompt actions to respond to
21grievances presented pursuant to clause (i).

22
(I) To be able to contact parents or legal guardians, including
23visits and scheduled and unscheduled private telephone
24conversations, written correspondence, and electronic
25communications, unless prohibited by court order.

26
(J) To be fully informed, as evidenced by the youth’s written
27acknowledgment, prior to, or at the time of, admission in the
28program, of all the rules governing the youth’s conduct and
29responsibilities.

30
(K) To receive in the admission agreement information that
31details the planned programs and services for the youth.

32
(L) To have his or her parents or legal guardians remove him
33or her from the program.

34
(M) To consent to have visitors or telephone calls during
35reasonable hours, privately and without prior notice, provided the
36visitors or telephone calls do not disrupt planned activities and
37are not prohibited by court order or by the youth’s parent or legal
38guardian.

P24   1
(N) To be free of corporal punishment, physical restraints of
2any kind, and deprivation of basic necessities, including education,
3as a punishment, deterrent, or incentive.

4
(O) To have caregivers who have received instruction on
5cultural competency and sensitivity relating to, and best practices
6for, providing adequate care to lesbian, gay, bisexual, and
7transgender youth in out-of-home care.

8
(P) To be free from acts that seek to change his or her sexual
9 orientation, including efforts to change his or her gender
10expressions, or to eliminate or reduce sexual or romantic
11attractions or feelings toward individuals of the same sex.

12
(Q) To have fair and equal access to all available services,
13placement, care, treatment, and benefits and to not be subjected
14to discrimination or harassment on the basis of actual or perceived
15race, ethnic group identification, ancestry, national origin, color,
16religion, sex, sexual orientation, gender identity, mental or physical
17disability, or HIV status.

18
(R) To be free from abusive, humiliating, degrading, or
19traumatizing actions.

20
(2) Paragraph (1) shall not be interpreted to require a licensed
21private alternative outdoor program to take any action that would
22impair the health or safety of youth in the program.

23
(e) (1) A licensed private alternative outdoor program is not
24an eligible placement option pursuant to Section 319, 361.2, 450,
25or 727 of the Welfare and Institutions Code.

26
(2) A licensed private alternative outdoor program shall not be
27eligible for a rate pursuant to Section 11462 of the Welfare and
28Institutions Code.

29
(f) This section does not apply to programs operated, licensed,
30or certified by the Department of Corrections and Rehabilitation
31and its Division of Juvenile Justice, the California Conservation
32Corps, or the Military Department, programs operated by any
33governmental entity, any organized camp as defined in Section
3418897, outdoor activities for youth designed to be primarily
35recreational, including, but not limited to, activities organized by
36Outward Bound, Boy Scouts, Girl Scouts, Camp Fire, or other
37similar organizations, or any camp exclusively serving children
38with a medical diagnosis for a physical condition or illness,
39including, but not limited to, cancer, muscular dystrophy, or burn
40injuries.

P25   1
(g) (1) On or before January 1, 2019, the department shall
2adopt regulations to implement this section in consultation with
3interested parties, including representatives of private alternative
4outdoor programs, former participants in private alternative
5outdoor programs, and advocates for youth. Regulations adopted
6pursuant to this section shall be contained in the regulations
7applicable to group homes in Chapter 5 (commencing with Section
884000) of Division 6 of Title 22 of the California Code of
9Regulations.

10
(2) The department may adopt emergency regulations to
11implement this section. The adoption, amendment, repeal, or
12readoption of a regulation authorized by this section is deemed to
13address an emergency, for purposes of Sections 11346.1 and
1411349.6 of the Government Code, and the department is hereby
15exempted for this purpose from the requirements of subdivision
16(b) of Section 11346.1 of the Government Code.

17
(h) A private alternative outdoor program operating prior
18January 1, 2019, shall comply with licensing requirements on or
19before July 1, 2019.

20
(i) For the purpose of this section, “youth” means a person who
21is 12 to 17 years of age, inclusive, or a person who is 18 years of
22age if he or she is completing high school or its equivalent.

end insert
23

begin deleteSEC. 4.end delete
24
begin insertSEC. 5.end insert  

Section 1505 of the Health and Safety Code is amended
25to read:

26

1505.  

This chapter does not apply to any of the following:

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

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

29(c) Any juvenile placement facility approved by the Department
30of Corrections and Rehabilitation, Division of Juvenile Justice, or
31any juvenile hall operated by a county.

32(d) Any place in which a juvenile is judicially placed pursuant
33to subdivision (a) of Section 727 of the Welfare and Institutions
34Code.

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

36(f) Any facility conducted by and for the adherents of any
37well-recognized church or religious denomination for the purpose
38of providing facilities for the care or treatment of the sick who
39depend solely upon prayer or spiritual means for healing in the
40practice of the religion of the church orbegin delete denomination, except a
P26   1private or public residential care facility for youth as defined in
2subdivision (a) of Section 1502.end delete
begin insert denomination.end insert

3(g) Any school dormitory or similar facility determined by the
4department, except a privatebegin delete or public residential care facility for
5youthend delete
begin insert alternative boarding school or private alternative outdoor
6programend insert
as defined in subdivision (a) of Section 1502.

7(h) Any house, institution, hotel, homeless shelter, or other
8similar place that supplies board and room only, or room only, or
9board only, provided that no resident thereof requires any element
10of care as determined by the director.

11(i) Recovery houses or other similar facilities providing group
12living arrangements for adults recovering from alcoholism or drug
13addiction where the facility provides no care or supervision.

14(j) Any alcoholism or drug abuse recovery or treatment facility
15
begin delete serving adults as defined by Section 11834.11.end deletebegin insert as defined in Section
1611834.02.end insert

17(k) Any arrangement for the receiving and care of persons by
18a relative or any arrangement for the receiving and care of persons
19from only one family by a close friend of the parent, guardian, or
20conservator, if the arrangement is not for financial profit and occurs
21only occasionally and irregularly, as defined by regulations of the
22department. For purposes of this chapter, arrangements for the
23receiving and care of persons by a relative shall include relatives
24of the child for the purpose of keeping sibling groups together.

25(l) (1) Any home of a relative caregiver of children who are
26placed by a juvenile court, supervised by the county welfare or
27probation department, and the placement of whom is approved
28according to subdivision (d) of Section 309 of the Welfare and
29Institutions Code.

30(2) Any home of a nonrelative extended family member, as
31described in Section 362.7 of the Welfare and Institutions Code,
32providing care to children who are placed by a juvenile court,
33supervised by the county welfare or probation department, and the
34placement of whom is approved according to subdivision (d) of
35Section 309 of the Welfare and Institutions Code.

36(3) On and after January 1, 2012, any supervised independent
37living placement for nonminor dependents, as defined in
38subdivision (w) of Section 11400 of the Welfare and Institutions
39Code, who are placed by the juvenile court, supervised by the
40county welfare department, probation department, Indian tribe,
P27   1consortium of tribes, or tribal organization that entered into an
2agreement pursuant to Section 10553.1 of the Welfare and
3Institutions Code, and whose placement is approved pursuant to
4subdivision (k) of Section 11400 of the Welfare and Institutions
5Code.

6(4) A Transitional Housing Program-Plus, as defined in
7subdivision (s) of Section 11400 of the Welfare and Institutions
8Code, that serves only eligible former foster youth over 18 years
9of age who have exited from the foster care system on or after their
1018th birthday, and that has obtained certification from the
11applicable county in accordance with subdivision (c) of Section
1216522 of the Welfare and Institutions Code.

13(m) Any supported living arrangement for individuals with
14developmental disabilities, as defined in Section 4689 of the
15Welfare and Institutions Code.

16(n) (1) Any family home agency, family home, or family
17teaching home as defined in Section 4689.1 of the Welfare and
18Institutions Code, that is vendored by the State Department of
19 Developmental Services and that does any of the following:

20(A) As a family home approved by a family home agency,
21provides 24-hour care for one or two adults with developmental
22disabilities in the residence of the family home provider or
23providers and the family home provider or providers’ family, and
24the provider is not licensed by the State Department of Social
25Services or the State Department of Public Health or certified by
26a licensee of the State Department of Social Services or the State
27Department of Public Health.

28(B) As a family teaching home approved by a family home
29agency, provides 24-hour care for a maximum of three adults with
30developmental disabilities in independent residences, whether
31contiguous or attached, and the provider is not licensed by the
32State Department of Social Services or the State Department of
33Public Health or certified by a licensee of the State Department of
34Social Services or the State Department of Public Health.

35(C) As a family home agency, engages in recruiting, approving,
36and providing support to family homes.

37(2) No part of this subdivision shall be construed as establishing
38by implication either a family home agency or family home
39licensing category.

P28   1(o) Any facility in which only Indian children who are eligible
2under the federal Indian Child Welfare Act (Chapter 21
3(commencing with Section 1901) of Title 25 of the United States
4Code) are placed and that is one of the following:

5(1) An extended family member of the Indian child, as defined
6in Section 1903 of Title 25 of the United States Code.

7(2) A foster home that is licensed, approved, or specified by the
8Indian child’s tribe pursuant to Section 1915 of Title 25 of the
9United States Code.

10(p) (1) (A) Any housing occupied by elderly or disabled
11persons, or both, that is initially approved and operated under a
12regulatory agreement pursuant to Section 202 of Public Law 86-372
13(12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625
14(42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to
15Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that
16receives mortgage assistance pursuant to Section 221d (3) of Public
17Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are
18made available to residents at their option, as long as the project
19owner or operator does not contract for or provide the supportive
20services.

21(B) Any housing that qualifies for a low-income housing credit
22 pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42)
23or that is subject to the requirements for rental dwellings for
24low-income families pursuant to Section 8 of Public Law 93-383
25(42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
26persons, or both, where supportive services are made available to
27residents at their option, as long as the project owner or operator
28does not contract for or provide the supportive services.

29(2) The project owner or operator to which paragraph (1) applies
30may coordinate, or help residents gain access to, the supportive
31services, either directly, or through a service coordinator.

32(q) A resource family, as defined in Section 16519.5 of the
33Welfare and Institutions Code.

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

35begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 1507.6 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
36amended to read:end insert

37

1507.6.  

(a) Mental health services, as deemed necessary by
38the placing agency, may be provided to children in a group home.
39Except for the physical safety and direct care and supervision of
40children so placed, the State Department of Social Services and
P29   1its agents shall not evaluate or have responsibility or liability for
2the evaluation of mental health services provided in those homes.
3Supervision of mental health treatment services provided to a child
4in a group home shall be a case management responsibility of the
5placing agency.

6(b) (1) Psychotropic medications shall be used only in
7accordance with the written directions of the physician prescribing
8the medication and as authorized by the juvenile court pursuant to
9Section 369.5 or 739.5 of the Welfare and Institutions Code.

10(2) The facility shall maintain in a child’s records all of the
11following information:

12(A) A copy of any court order authorizing the psychotropic
13medication for the child.

14(B) A separate log for each psychotropic medication prescribed
15for the child, showing all of the following:

16(i) The name of the medication.

17(ii) The date of the prescription.

18(iii) The quantity of medication and number of refills initially
19prescribed.

20(iv) When applicable, any additional refills prescribed.

21(v) The required dosage and directions for use as specified in
22writing by the physician prescribing the medication, including any
23changes directed by the physician.

24(vi) The date and time of each dose taken by the child.

25(3) This subdivision does not apply to a runaway and homeless
26youth shelter, as defined in Section 1502.

begin insert

27
(4) The requirements regarding juvenile court authorization,
28as described in paragraph (1), and maintaining a copy of any court
29order, as described in subparagraph (A) of paragraph (2), shall
30only apply to private alternative boarding schools and private
31alternative outdoor programs, as defined in Section 1502, as
32otherwise required by applicable law.

end insert
33begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 1522.06 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
34amended to read:end insert

35

1522.06.  

(a) Individuals who are volunteer candidates for
36mentoring children in foster care settings, as defined by the
37department,begin insert in private alternative boarding schools, or in private
38alternative outdoor programs,end insert
shall be subject to a criminal
39background investigation prior to having unsupervised contact
40with the children. The criminal background check shall be initiated
P30   1and conducted pursuant to either Sections 1522 and 1522.1 or
2Section 1596.603, as applicable. Sections 1522 and 1522.1 may
3be utilized by a county social services agency in cooperation with,
4or as a component of, a licensed foster family agency.

5(b) (1) The Department of Justice shall not charge a processing
6fee with respect to any individual to whom subdivision (a) applies
7for a state-level criminal offender record information search
8pursuant to Section 1522.

9(2) The State Department of Social Services shall not charge a
10fee for the cost of a criminal background investigation under
11Section 1522 with respect to any individual to whom subdivision
12(a) applies.

13begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 1522.44 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
14amended to read:end insert

15

1522.44.  

(a) It is the policy of the state that caregivers of
16children in foster care possess knowledge and skills relating to the
17reasonable and prudent parent standard, as defined in subdivision
18(c) of Section 362.05 of the Welfare and Institutions Code.

19(b) Except for licensed foster family homes and certified family
20homes, each licensed community care facility that provides care
21and supervision to children and operates with staff shall designate
22at least one onsite staff member to apply the reasonable and prudent
23parent standard to decisions involving the participation of a child
24who is placed in the facility in age or developmentally appropriate
25activities in accordance with the requirements of Section 362.05
26of the Welfare and Institutions Code, Section 671(a)(10) of Title
2742 of the United States Code, and the regulations adopted by the
28department pursuant to this chapter.

29(c) A licensed and certified foster parent or facility staff member,
30as described in subdivision (b), shall receive training related to the
31reasonable and prudent parent standard that is consistent with
32Section 671(a)(24) of Title 42 of the United States Code. This
33training shall include knowledge and skills relating to the
34reasonable and prudent parent standard for the participation of the
35child in age or developmentally appropriate activities, including
36knowledge and skills relating to the developmental stages of the
37cognitive, emotional, physical, and behavioral capacities of a child,
38and knowledge and skills relating to applying the standard to
39decisions such as whether to allow the child to engage in
40extracurricular, enrichment, cultural, and social activities, including
P31   1sports, field trips, and overnight activities lasting one or more days,
2and to decisions involving the signing of permission slips and
3arranging of transportation for the child to and from extracurricular,
4enrichment, and social activities.

5(d) This section does not apply tobegin insert aend insert runaway and homeless youth
6
begin delete shelters as defined in paragraph (14) of subdivision (a) of Section
71502.end delete
begin insert shelter, a private alternative boarding school, or a private
8alternative outdoor program, as those terms are defined,
9respectively, in subdivision (a) of Section 1502.end insert

10begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 1523.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert

12

1523.1.  

(a) (1) An application fee adjusted by facility and
13capacity shall be charged by the department for the issuance of a
14license. After initial licensure, a fee shall be charged by the
15department annually on each anniversary of the effective date of
16the license. The fees are for the purpose of financing the activities
17specified in this chapter. Fees shall be assessed as follows, subject
18to paragraph (2):


19

 

Fee Schedule

Facility Type

Capacity

Initial
Application

Annual

Foster Family and
Adoption Agencies

$3,025

$1,513

Adult Day Programs

  1-15

  $182

  $91

 16-30

  $303

 $152

 31-60

  $605

 $303

 61-75

  $758

 $378

 76-90

  $908

 $454

 91-120

 $1,210

 $605

121+

 $1,513

 $757

    

Other Community
Care Facilities

  1-3

  $454

 $454

  4-6

  $908

 $454

  7-15

 $1,363

 $681

 16-30

 $1,815

 $908

 31-49

 $2,270

$1,135

 50-74

 $2,725

$1,363

 75-100

 $3,180

$1,590

101-150  

 $3,634

$1,817

151-200  

 $4,237

$2,119

201-250  

 $4,840

$2,420

251-300  

 $5,445

$2,723

301-350  

 $6,050

$3,025

351-400  

 $6,655

   $3,328

401-500  

    $7,865

   $3,933

501-600  

    $9,075

   $4,538

601-700  

   $10,285

   $5,143

701+  

   $12,100

   $6,050

P32  10

 

11(2) (A) The Legislature finds that all revenues generated by
12fees for licenses computed under this section and used for the
13purposes for which they were imposed are not subject to Article
14XIII B of the California Constitution.

15(B) The department, at least every five years, shall analyze
16initial application fees and annual fees issued by it to ensure the
17 appropriate fee amounts are charged. The department shall
18recommend to the Legislature that fees established by the
19Legislature be adjusted as necessary to ensure that the amounts
20are appropriate.

21(b) (1) In addition to fees set forth in subdivision (a), the
22department shall charge the following fees:

23(A) A fee that represents 50 percent of an established application
24fee when an existing licensee moves the facility to a new physical
25address.

26(B) A fee that represents 50 percent of the established
27application fee when a corporate licensee changes who has the
28authority to select a majority of the board of directors.

29(C) A fee of twenty-five dollars ($25) when an existing licensee
30seeks to either increase or decrease the licensed capacity of the
31facility.

32(D) An orientation fee of fifty dollars ($50) for attendance by
33any individual at a department-sponsored orientation session.

34(E) A probation monitoring fee equal to the current annual fee,
35in addition to the current annual fee for that category and capacity
36for each year a license has been placed on probation as a result of
37a stipulation or decision and order pursuant to the administrative
38adjudication procedures of the Administrative Procedure Act
39(Chapter 4.5 (commencing with Section 11400) and Chapter 5
P33   1(commencing with Section 11500) of Part 1 of Division 3 of Title
22 of the Government Code).

3(F) A late fee that represents an additional 50 percent of the
4established current annual fee when any licensee fails to pay the
5current annual licensing fee on or before the due date as indicated
6 by postmark on the payment.

7(G) A fee to cover any costs incurred by the department for
8processing payments including, but not limited to, bounced check
9charges, charges for credit and debit transactions, and postage due
10charges.

11(H) A plan of correction fee of two hundred dollars ($200) when
12any licensee does not implement a plan of correction on or prior
13to the date specified in the plan.

begin insert

14
(I) Additional fees established by the department by regulation
15for private alternative boarding schools and private alternative
16outdoor programs, as necessary to regulate those licensees.

end insert

17(2) Foster family homes shall be exempt from the fees imposed
18pursuant to this subdivision.

19(3) Foster family agencies shall be annually assessed
20eighty-eight dollars ($88) for each home certified by the agency.

21(4) No local jurisdiction shall impose any business license, fee,
22or tax for the privilege of operating a facility licensed under this
23chapter which serves six or fewer persons.

24(c) (1) The revenues collected from licensing fees pursuant to
25this section shall be utilized by the department for the purpose of
26ensuring the health and safety of all individuals provided care and
27supervision by licensees and to support activities of the licensing
28program, including, but not limited to, monitoring facilities for
29compliance with licensing laws and regulations pursuant to this
30chapter, and other administrative activities in support of the
31licensing program, when appropriated for these purposes. The
32revenues collected shall be used in addition to any other funds
33appropriated in the Budget Act in support of the licensing program.
34The department shall adjust the fees collected pursuant to this
35section as necessary to ensure that they do not exceed the costs
36described in this paragraph.

37(2) The department shall not utilize any portion of these revenues
38sooner than 30 days after notification in writing of the purpose
39and use of this revenue, as approved by the Director of Finance,
40to the Chairperson of the Joint Legislative Budget Committee, and
P34   1the chairpersons of the committee in each house that considers
2appropriations for each fiscal year. The department shall submit
3a budget change proposal to justify any positions or any other
4related support costs on an ongoing basis.

5(d) A facility may use a bona fide business check to pay the
6license fee required under this section.

7(e) The failure of an applicant or licensee to pay all applicable
8and accrued fees and civil penalties shall constitute grounds for
9denial or forfeiture of a license.

10begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 1538.8 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert

12

1538.8.  

(a) (1) In order to review and evaluate the use of
13psychotropic medications in group homes, the department shall
14compile, to the extent feasible and not otherwise prohibited by law
15and based on information received from the State Department of
16Health Care Services, at least annually, information concerning
17each group home, including, but not limited to, the child welfare
18psychotropic medication measures developed by the department
19and the following Healthcare Effectiveness Data and Information
20Set (HEDIS) measures related to psychotropic medications:

21(A) Follow-Up Care for Children Prescribed Attention Deficit
22Hyperactivity Disorder Medication (HEDIS ADD), which measures
23the number of children 6 to 12 years of age, inclusive, who have
24a visit with a provider with prescribing authority within 30 days
25of the new prescription.

26(B) Use of Multiple Concurrent Antipsychotics in Children and
27Adolescents (HEDIS APC), which does both of the following:

28(i) Measures the number of children receiving an antipsychotic
29medication for at least 60 out of 90 days and the number of children
30who additionally receive a second antipsychotic medication that
31overlaps with the first.

32(ii) Reports a total rate and age stratifications including 6 to 11
33years of age, inclusive, and 12 to 17 years of age, inclusive.

34(C) Use of First-Line Psychosocial Care for Children and
35Adolescents on Antipsychotics (HEDIS APP), which measures
36whether a child has received psychosocial services 90 days before
37through 30 days after receiving a new prescription for an
38antipsychotic medication.

39(D) Metabolic Monitoring for Children and Adolescents on
40Antipsychotics (HEDIS APM), which does both of the following:

P35   1(i) Measures testing for glucose or HbA1c and lipid or
2cholesterol of a child who has received at least two different
3antipsychotic prescriptions on different days.

4(ii) Reports a total rate and age stratifications including 6 to 11
5years of age, inclusive, and 12 to 17 years of age, inclusive.

6(2) The department shall post the list of data to be collected
7pursuant to this subdivision on the department’s Internet Web site.

8(b) The data in subdivision (a) concerning psychotropic
9medication, mental health services, and placement shall be drawn
10from existing data maintained by the State Department of Health
11Care Services and the State Department of Social Services and
12shared pursuant to a data sharing agreement meeting the
13requirements of all applicable state and federal laws and
14regulations.

15(c) This section does not apply to a runaway and homeless youth
16shelter,begin delete as defined in Section 1502.end deletebegin insert a private alternative boarding
17school, or a private alternative outdoor program, as those terms
18are defined, respectively, in Section 1502.end insert

19begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 1538.9 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert

21

1538.9.  

(a) (1) (A) The department shall consult with the
22State Department of Health Care Services and stakeholders to
23establish a methodology for identifying those group homes
24providing care under the AFDC-FC program pursuant to Sections
2511460 and 11462 of the Welfare and Institutions Code that have
26levels of psychotropic drug utilization warranting additional review.
27The methodology shall be adopted on or before July 1, 2016.

28(B) Every three years after adopting the methodology developed
29under subparagraph (A), or earlier if needed, the department shall
30consult with the State Department of Health Care Services and
31stakeholders and revise the methodology, if necessary.

32(2) If the department, applying the methodology described in
33paragraph (1), determines that a facility appears to have levels of
34psychotropic drug utilization warranting additional review, it shall
35inspect the facility at least once a year.

36(3) The inspection of the facility shall include, but not be limited
37to, a review of the following:

38(A) Plan of operation, policies, procedures, and practices.

39(B) Child-to-staff ratios.

40(C) Staff qualifications and training.

P36   1(D) Implementation of children’s needs and services plan.

2(E) Availability of psychosocial and other alternative treatments
3to the use of psychotropic medications.

4(F) Other factors that the department determines contribute to
5levels of psychotropic drug utilization that warrant additional
6review.

7(G) Confidential interviews of children residing in the facility
8at the time of the inspection.

9(4) The inspection of the facility may include, but is not limited
10to, the following:

11(A) Confidential interviews of children who resided in the
12facility within the last six months.

13(B) Confidential discussions with physicians identified as
14prescribing the medications.

15(b) Following an inspection conducted pursuant to this section,
16the department, as it deems appropriate, may do either or both of
17the following:

18(1) Share relevant information and observations with county
19placing agencies, social workers, probation officers, the court,
20dependency counsel, or the Medical Board of California, as
21applicable.

22(2) Share relevant information and observations with the facility
23and require the facility to submit a plan, within 30 days of receiving
24the information and observations from the department, to address
25any identified risks within the control of the facility related to
26psychotropic medication. The department shall approve the plan
27and verify implementation of the plan to determine whether those
28risks have been remedied.

29(c) (1) Notwithstanding the rulemaking provisions of the
30Administrative Procedure Act (Chapter 3.5 (commencing with
31Section 11340) of Part 1 of Division 3 of Title 2 of the Government
32Code), until emergency regulations are filed with the Secretary of
33State, the department may implement this section through
34all-county letters or similar instructions.

35(2) On or before January 1, 2017, the department shall adopt
36regulations to implement this section. The initial adoption,
37amendment, or repeal of a regulation authorized by this subdivision
38is deemed to address an emergency, for purposes of Sections
3911346.1 and 11349.6 of the Government Code, and the department
40is hereby exempted for that purpose from the requirements of
P37   1subdivision (b) of Section 11346.1 of the Government Code. After
2the initial adoption, amendment, or repeal of an emergency
3regulation pursuant to this section, the department may twice
4request approval from the Office of Administrative Law to readopt
5the regulation as an emergency regulation pursuant to Section
611346.1 of the Government Code. The department shall adopt final
7regulations on or before January 1, 2018.

8(d) Nothing in this section does any of the following:

9(1) Replaces or alters other requirements for responding to
10complaints and making inspections or visits to group homes,
11including, but not limited to, those set forth in Sections 1534 and
121538.

13(2) Prevents or precludes the department from taking any other
14action permitted under any other law, including any regulation
15adopted pursuant to this chapter.

16(e) This section does not apply to a runaway and homeless youth
17shelter,begin delete as defined in Section 1502.end deletebegin insert a private alternative boarding
18school, or a private alternative outdoor program, as those terms
19are defined, respectively, in Section 1502.end insert

20

begin deleteSEC. 5.end delete
21
begin insertSEC. 12.end insert  

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.



O

    94