Amended in Assembly August 19, 2016

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 Sections 1502, 1505, 1507.6, 1522.06, 1522.44, 1523.1, 1538.8, and 1538.9 of, and to add Sections 1502.2 and 1502.21 to, the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 524, as amended, Lara. Private alternative boarding schools and outdoor programs.

Existing law, the California Community Care Facilities 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 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.

By making private alternative boarding schools and private alternative outdoor programs subject to criminal penalties under the act, this bill would create new crimes, thereby imposing a state-mandated local program.

begin insert

This bill would incorporate additional changes made by AB 741 and AB 1997 that would become operative only if this bill is chaptered last.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) 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.

P3    1(b) There are currently facilities operating within California that
2are not licensed by the State Department of Social Services.

3(c) These facilities are often owned and operated by nonprofit
4organizations described in Section 501(c)(3) of the Internal
5Revenue Code.

6(d) These facilities advertise services for youth with behavioral
7issues to families who may feel they have no other options.

8(e) Former students have formed national and local organizations
9to expose the trauma and abuse they experienced at these facilities.

10(f) Students at these facilities are previous victims of trauma,
11have experienced parental rejection based on actual or perceived
12sexual orientation or gender identity, and have mental health and
13substance use issues.

14(g) It is the role of the Legislature to ensure proper licensing
15and regulation of residential facilities for the protection and care
16of all citizens.

17(h) It is the intent of the Legislature that the state license private
18 alternative boarding schools and private alternative outdoor
19programs as community care facilities to ensure the safety of
20children admitted to those schools or programs.

21

SEC. 2.  

Section 1502 of the Health and Safety Code is amended
22to read:

23

1502.  

As used in this chapter:

24(a) “Community care facility” means any facility, place, or
25building that is maintained and operated to provide nonmedical
26residential care, day treatment, adult day care, or foster family
27agency services for children, adults, or children and adults,
28including, but not limited to, the physically handicapped, mentally
29impaired, incompetent persons, and abused or neglected children,
30and includes the following:

31(1) “Residential facility” means any family home, group care
32facility, or similar facility determined by the director, for 24-hour
33nonmedical care of persons in need of personal services,
34supervision, or assistance essential for sustaining the activities of
35daily living or for the protection of the individual.

36(2) “Adult day program” means any community-based facility
37or program that provides care to persons 18 years of age or older
38in need of personal services, supervision, or assistance essential
39for sustaining the activities of daily living or for the protection of
40these individuals on less than a 24-hour basis.

P4    1(3) “Therapeutic day services facility” means any facility that
2provides nonmedical care, counseling, educational or vocational
3support, or social rehabilitation services on less than a 24-hour
4basis to persons under 18 years of age who would otherwise be
5placed in foster care or who are returning to families from foster
6care. Program standards for these facilities shall be developed by
7the department, pursuant to Section 1530, in consultation with
8therapeutic day services and foster care providers.

9(4) “Foster family agency” means any public agency or private
10organization engaged in the recruiting, certifying, and training of,
11and providing professional support to, foster parents, or in finding
12homes or other places for placement of children for temporary or
13permanent care who require that level of care. Private foster family
14agencies shall be organized and operated on a nonprofit basis.

15(5) “Foster family home” means any residential facility
16providing 24-hour care for six or fewer foster children that is
17owned, leased, or rented and is the residence of the foster parent
18or parents, including their family, in whose care the foster children
19have been placed. The placement may be by a public or private
20child placement agency or by a court order, or by voluntary
21placement by a parent, parents, or guardian. It also means a foster
22family home described in Section 1505.2.

23(6) “Small family home” means any residential facility, in the
24licensee’s family residence, that provides 24-hour care for six or
25fewer foster children who have mental disorders or developmental
26or physical disabilities and who require special care and supervision
27as a result of their disabilities. A small family home may accept
28children with special health care needs, pursuant to subdivision
29(a) of Section 17710 of the Welfare and Institutions Code. In
30addition to placing children with special health care needs, the
31department may approve placement of children without special
32health care needs, up to the licensed capacity.

33(7) “Social rehabilitation facility” means any residential facility
34that provides social rehabilitation services for no longer than 18
35months in a group setting to adults recovering from mental illness
36who temporarily need assistance, guidance, or counseling. Program
37components shall be subject to program standards pursuant to
38Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
392 of Division 5 of the Welfare and Institutions Code.

P5    1(8) “Community treatment facility” means any residential
2facility that provides mental health treatment services to children
3in a group setting and that has the capacity to provide secure
4containment. Program components shall be subject to program
5standards developed and enforced by the State Department of
6Health Care Services pursuant to Section 4094 of the Welfare and
7Institutions Code.

8Nothing in this section shall be construed to prohibit or
9discourage placement of persons who have mental or physical
10disabilities into any category of community care facility that meets
11the needs of the individual placed, if the placement is consistent
12with the licensing regulations of the department.

13(9) “Full-service adoption agency” means any licensed entity
14engaged in the business of providing adoption services, that does
15all of the following:

16(A) Assumes care, custody, and control of a child through
17relinquishment of the child to the agency or involuntary termination
18of parental rights to the child.

19(B) Assesses the birth parents, prospective adoptive parents, or
20child.

21(C) Places children for adoption.

22(D) Supervises adoptive placements.

23Private full-service adoption agencies shall be organized and
24operated on a nonprofit basis. As a condition of licensure to provide
25intercountry adoption services, a full-service adoption agency shall
26be accredited and in good standing according to Part 96 of Title
2722 of the Code of Federal Regulations, or supervised by an
28accredited primary provider, or acting as an exempted provider,
29in compliance with Subpart F (commencing with Section 96.29)
30of Part 96 of Title 22 of the Code of Federal Regulations.

31(10) “Noncustodial adoption agency” means any licensed entity
32engaged in the business of providing adoption services, that does
33all of the following:

34(A) Assesses the prospective adoptive parents.

35(B) Cooperatively matches children freed for adoption, who are
36under the care, custody, and control of a licensed adoption agency,
37for adoption, with assessed and approved adoptive applicants.

38(C) Cooperatively supervises adoptive placements with a
39full-service adoptive agency, but does not disrupt a placement or
40 remove a child from a placement.

P6    1Private noncustodial adoption agencies shall be organized and
2operated on a nonprofit basis. As a condition of licensure to provide
3intercountry adoption services, a noncustodial adoption agency
4shall be accredited and in good standing according to Part 96 of
5Title 22 of the Code of Federal Regulations, or supervised by an
6accredited primary provider, or acting as an exempted provider,
7in compliance with Subpart F (commencing with Section 96.29)
8of Part 96 of Title 22 of the Code of Federal Regulations.

9(11) “Transitional shelter care facility” means any group care
10facility that provides for 24-hour nonmedical care of persons in
11need of personal services, supervision, or assistance essential for
12sustaining the activities of daily living or for the protection of the
13individual. Program components shall be subject to program
14standards developed by the State Department of Social Services
15pursuant to Section 1502.3.

16(12) “Transitional housing placement provider” means an
17organization licensed by the department pursuant to Section
181559.110 and Section 16522.1 of the Welfare and Institutions Code
19to provide transitional housing to foster children at least 16 years
20of age and not more than 18 years of age, and nonminor
21dependents, as defined in subdivision (v) of Section 11400 of the
22Welfare and Institutions Code, to promote their transition to
23adulthood. A transitional housing placement provider shall be
24privately operated and organized on a nonprofit basis.

25(13) “Group home” means a residential facility that provides
2624-hour care and supervision to children, delivered at least in part
27by staff employed by the licensee in a structured environment. The
28care and supervision provided by a group home shall be
29nonmedical, except as otherwise permitted by law.

30(14) “Runaway and homeless youth shelter” means a group
31home licensed by the department to operate a program pursuant
32to Section 1502.35 to provide voluntary, short-term, shelter and
33personal services to runaway youth or homeless youth, as defined
34in paragraph (2) of subdivision (a) of Section 1502.35.

35(15) “Enhanced behavioral supports home” means a facility
36certified by the State Department of Developmental Services
37pursuant to Article 3.6 (commencing with Section 4684.80) of
38Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
39and licensed by the State Department of Social Services as an adult
40residential facility or a group home that provides 24-hour
P7    1nonmedical care to individuals with developmental disabilities
2who require enhanced behavioral supports, staffing, and
3supervision in a homelike setting. An enhanced behavioral supports
4home shall have a maximum capacity of four consumers, shall
5conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
6Regulations, and shall be eligible for federal Medicaid home- and
7community-based services funding.

8(16) “Community crisis home” means a facility certified by the
9State Department of Developmental Services pursuant to Article
108 (commencing with Section 4698) of Chapter 6 of Division 4.5
11of the Welfare and Institutions Code, and licensed by the State
12Department of Social Services pursuant to Article 9.7 (commencing
13with Section 1567.80), as an adult residential facility, providing
1424-hour nonmedical care to individuals with developmental
15disabilities receiving regional center service, in need of crisis
16intervention services, and who would otherwise be at risk of
17admission to the acute crisis center at Fairview Developmental
18Center, Sonoma Developmental Center, an acute general hospital,
19acute psychiatric hospital, an institution for mental disease, as
20described in Part 5 (commencing with Section 5900) of Division
215 of the Welfare and Institutions Code, or an out-of-state
22placement. A community crisis home shall have a maximum
23capacity of eight consumers, as defined in subdivision (a) of
24Section 1567.80, shall conform to Section 441.530(a)(1) of Title
2542 of the Code of Federal Regulations, and shall be eligible for
26federal Medicaid home- and community-based services funding.

27(17) “Crisis nursery” means a facility licensed by the department
28to operate a program pursuant to Section 1516 to provide short-term
29care and supervision for children under six years of age who are
30voluntarily placed for temporary care by a parent or legal guardian
31due to a family crisis or stressful situation.

32(18) “Short-term residential treatment center” means a
33residential facility licensed by the department pursuant to Section
341562.01 and operated by any public agency or private organization
35that provides short-term, specialized, and intensive treatment, and
3624-hour care and supervision to children. The care and supervision
37provided by a short-term residential treatment center shall be
38nonmedical, except as otherwise permitted by law.

39(19) “Private alternative boarding school” means a group home
40licensed by the department to operate a program pursuant to Section
P8    11502.2 to provide youth with 24-hour residential care and
2supervision, which, in addition to providing educational services
3to youth, provides, or holds itself out as providing,
4behavioral-based services to youth with social, emotional, or
5behavioral issues. The care and supervision provided by a private
6alternative boarding school shall be nonmedical, except as
7otherwise permitted by law.

8(20) “Private alternative outdoor program” means a group home
9licensed by the department to operate a program pursuant to Section
101502.21 to provide youth with 24-hour residential care and
11supervision, which provides, or holds itself out as providing,
12behavioral-based services in an outdoor living setting to youth
13with social, emotional, or behavioral issues. The care and
14supervision provided by a private alternative outdoor program
15shall be nonmedical, except as otherwise permitted by law.

16(b) “Department” or “state department” means the State
17Department of Social Services.

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

19begin insert

begin insertSEC. 2.1.end insert  

end insert

begin insertSection 1502 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert

21

1502.  

begin insert(a)end insertbegin insertend insertAs used in this chapter:

begin delete

22(a)

end delete

23begin insert(1)end insert “Community care facility” means any facility, place, or
24building that is maintained and operated to provide nonmedical
25residential care, day treatment, adult day care, or foster family
26agency services for children, adults, or children and adults,
27including, but not limited to, the physically handicapped, mentally
28impaired, incompetent persons, and abused or neglected children,
29and includes the following:

begin delete

30(1)

end delete

31begin insert(A)end insert “Residential facility” means any family home, group care
32facility, or similar facility determined by the director, for 24-hour
33nonmedical care of persons in need of personal services,
34supervision, or assistance essential for sustaining the activities of
35daily living or for the protection of the individual.

begin delete

36(2)

end delete

37begin insert(B)end insert “Adult day program” means any community-based facility
38or program that provides care to persons 18 years of age or older
39in need of personal services, supervision, or assistance essential
P9    1for sustaining the activities of daily living or for the protection of
2these individuals on less than a 24-hour basis.

begin delete

3(3)

end delete

4begin insert(C)end insert “Therapeutic day services facility” means any facility that
5provides nonmedical care, counseling, educational or vocational
6support, or social rehabilitation services on less than a 24-hour
7basis to persons under 18 years of age who would otherwise be
8placed in foster care or who are returning to families from foster
9care. Program standards for these facilities shall be developed by
10the department, pursuant to Section 1530, in consultation with
11therapeutic day services and foster care providers.

begin delete

12(4)

end delete

13begin insert(D)end insert “Foster family agency” means any public agency or private
14organization engaged in the recruiting, certifying, and training of,
15and providing professional support to, foster parents, or in finding
16homes or other places for placement of children for temporary or
17permanent care who require that level of care. Private foster family
18agencies shall be organized and operated on a nonprofit basis.

begin delete

19(5)

end delete

20begin insert(E)end insert “Foster family home” means any residential facility
21providing 24-hour care for six or fewer foster children that is
22owned, leased, or rented and is the residence of the foster parent
23or parents, including their family, in whose care the foster children
24have been placed. The placement may be by a public or private
25child placement agency or by a court order, or by voluntary
26placement by a parent, parents, or guardian. It also means a foster
27family home described in Section 1505.2.

begin delete

28(6)

end delete

29begin insert(F)end insert “Small family home” means any residential facility, in the
30licensee’s family residence, that provides 24-hour care for six or
31fewer foster children who have mental disorders or developmental
32or physical disabilities and who require special care and supervision
33as a result of their disabilities. A small family home may accept
34children with special health care needs, pursuant to subdivision
35(a) of Section 17710 of the Welfare and Institutions Code. In
36addition to placing children with special health care needs, the
37department may approve placement of children without special
38health care needs, up to the licensed capacity.

begin delete

39(7)

end delete

P10   1begin insert(G)end insert “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.

begin delete

8(8)

end delete

9begin insert(H)end insert “Community treatment facility” means any residential
10facility that provides mental health treatment services to children
11in a group setting and that has the capacity to provide secure
12containment. Program components shall be subject to program
13standards developed and enforced by the State Department of
14Health Care Services pursuant to Section 4094 of the Welfare and
15Institutions Code.

begin delete

16Nothing in this section shall be construed to prohibit or
17discourage placement of persons who have mental or physical
18disabilities into any category of community care facility that meets
19the needs of the individual placed, if the placement is consistent
20with the licensing regulations of the department.

end delete
begin delete

21(9)

end delete

22begin insert(I)end insertbegin insert(i)end insertbegin insertend insert“Full-service adoption agency” means any licensed entity
23engaged in the business of providing adoption services, that does
24all of the following:

begin delete

25(A)

end delete

26begin insert(I)end insert Assumes care, custody, and control of a child through
27relinquishment of the child to the agency or involuntary termination
28of parental rights to the child.

begin delete

29(B)

end delete

30begin insert(II)end insert Assesses the birth parents, prospective adoptive parents, or
31child.

begin delete

32(C)

end delete

33begin insert(III)end insert Places children for adoption.

begin delete

34(D)

end delete

35begin insert(IV)end insert Supervises adoptive placements.

begin delete

36Private

end delete

37begin insert(ii)end insertbegin insertend insertbegin insertPrivateend insert full-service adoption agencies shall be organized
38and operated on a nonprofit basis. As a condition of licensure to
39provide intercountry adoption services, a full-service adoption
40agency shall be accredited and in good standing according to Part
P11   196 of Title 22 of the Code of Federal Regulations, or supervised
2by an accredited primary provider, or acting as an exempted
3provider, in compliance with Subpart F (commencing with Section
496.29) of Part 96 of Title 22 of the Code of Federal Regulations.

begin delete

5(10)

end delete

6begin insert(J)end insertbegin insert(i)end insertbegin insertend insert“Noncustodial adoption agency” means any licensed
7entity engaged in the business of providing adoption services, that
8does all of the following:

begin delete

9(A)

end delete

10begin insert(I)end insert Assesses the prospective adoptive parents.

begin delete

11(B)

end delete

12begin insert(II)end insert Cooperatively matches children freed for adoption, who are
13under the care, custody, and control of a licensed adoption agency,
14for adoption, with assessed and approved adoptive applicants.

begin delete

15(C)

end delete

16begin insert(III)end insert Cooperatively supervises adoptive placements with a
17full-service adoptive agency, but does not disrupt a placement or
18remove a child from a placement.

begin delete

19Private

end delete

20begin insert(ii)end insertbegin insertend insertbegin insertPrivateend insert noncustodial adoption agencies shall be organized
21and operated on a nonprofit basis. As a condition of licensure to
22provide intercountry adoption services, a noncustodial adoption
23agency shall be accredited and in good standing according to Part
2496 of Title 22 of the Code of Federal Regulations, or supervised
25by an accredited primary provider, or acting as an exempted
26provider, in compliance with Subpart F (commencing with Section
2796.29) of Part 96 of Title 22 of the Code of Federal Regulations.

begin delete

28(11)

end delete

29begin insert(K)end insert “Transitional shelter care facility” means any group care
30facility that provides for 24-hour nonmedical care of persons in
31need of personal services, supervision, or assistance essential for
32sustaining the activities of daily living or for the protection of the
33individual. Program components shall be subject to program
34standards developed by the State Department of Social Services
35pursuant to Section 1502.3.

begin delete

36(12)

end delete

37begin insert(L)end insert “Transitional housing placement provider” means an
38organization licensed by the department pursuant to Section
391559.110 and Section 16522.1 of the Welfare and Institutions Code
40to provide transitional housing to foster children at least 16 years
P12   1of age and not more than 18 years of age, and nonminor
2dependents, as defined in subdivision (v) of Section 11400 of the
3Welfare and Institutions Code, to promote their transition to
4adulthood. A transitional housing placement provider shall be
5 privately operated and organized on a nonprofit basis.

begin delete

6(13)

end delete

7begin insert(M)end insert “Group home” means a residential facility that provides
824-hour care and supervision to children, delivered at least in part
9by staff employed by the licensee in a structured environment. The
10care and supervision provided by a group home shall be
11nonmedical, except as otherwise permitted by law.

begin delete

12(14)

end delete

13begin insert(N)end insert “Runaway and homeless youth shelter” means a group home
14licensed by the department to operate a program pursuant to Section
151502.35 to provide voluntary,begin delete short-term,end deletebegin insert short-termend insert shelter and
16personal services to runaway youth or homeless youth, as defined
17in paragraph (2) of subdivision (a) of Section 1502.35.

begin delete

18(15)

end delete

19begin insert(O)end insert “Enhanced behavioral supports home” means a facility
20certified by the State Department of Developmental Services
21pursuant to Article 3.6 (commencing with Section 4684.80) of
22Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
23and licensed by the State Department of Social Services as an adult
24residential facility or a group home that provides 24-hour
25nonmedical care to individuals with developmental disabilities
26who require enhanced behavioral supports, staffing, and
27supervision in a homelike setting. An enhanced behavioral supports
28home shall have a maximum capacity of four consumers, shall
29conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
30Regulations, and shall be eligible for federal Medicaid home- and
31community-based services funding.

begin delete

32(16)

end delete

33begin insert(P)end insert “Community crisis home” means a facility certified by the
34State Department of Developmental Services pursuant to Article
358 (commencing with Section 4698) of Chapter 6 of Division 4.5
36of the Welfare and Institutions Code, and licensed by the State
37Department of Social Services pursuant to Article 9.7 (commencing
38with Section 1567.80), as an adult residential facility, providing
3924-hour nonmedical care to individuals with developmental
40disabilities receiving regional center service, in need of crisis
P13   1intervention services, and who would otherwise be at risk of
2admission to the acute crisis center at Fairview Developmental
3Center, Sonoma Developmental Center, an acute general hospital,
4acute psychiatric hospital, an institution for mental disease, as
5described in Part 5 (commencing with Section 5900) of Division
65 of the Welfare and Institutions Code, or an out-of-state
7placement. A community crisis home shall have a maximum
8capacity of eight consumers, as defined in subdivision (a) of
9Section 1567.80, shall conform to Section 441.530(a)(1) of Title
10 42 of the Code of Federal Regulations, and shall be eligible for
11federal Medicaid home- and community-based services funding.

begin delete

12(17)

end delete

13begin insert(Q)end insert “Crisis nursery” means a facility licensed by the department
14to operate a program pursuant to Section 1516 to provide short-term
15care and supervision for children under six years of age who are
16voluntarily placed for temporary care by a parent or legal guardian
17due to a family crisis or stressful situation.

begin delete

18(18)

end delete

19begin insert(R)end insert “Short-term residential treatment center” means a residential
20facility licensed by the department pursuant to Section 1562.01
21and operated by any public agency or private organization that
22provides short-term, specialized, and intensive treatment, and
2324-hour care and supervision to children. The care and supervision
24provided by a short-term residential treatment center shall be
25nonmedical, except as otherwise permitted by law.begin insert A short-term
26residential treatment center may be operated as a children’s crisis
27residential center.end insert

begin insert

28
(S) “Children’s crisis residential center” means a short-term
29residential treatment center operated specifically to divert children
30experiencing a mental health crisis from psychiatric
31hospitalization.

end insert
begin insert

32
(T) “Private alternative boarding school” means a group home
33licensed by the department to operate a program pursuant to
34Section 1502.2 to provide youth with 24-hour residential care and
35supervision, which, in addition to providing educational services
36to youth, provides, or holds itself out as providing,
37behavioral-based services to youth with social, emotional, or
38behavioral issues. The care and supervision provided by a private
39alternative boarding school shall be nonmedical, except as
40otherwise permitted by law.

end insert
begin insert

P14   1
(U) “Private alternative outdoor program” means a group
2home licensed by the department to operate a program pursuant
3to Section 1502.21 to provide youth with 24-hour residential care
4and supervision, which provides, or holds itself out as providing,
5behavioral-based services in an outdoor living setting to youth
6with social, emotional, or behavioral issues. The care and
7 supervision provided by a private alternative outdoor program
8shall be nonmedical, except as otherwise permitted by law.

end insert
begin delete

9(b)

end delete

10begin insert(2)end insert “Department” or “state department” means the State
11Department of Social Services.

begin delete

12(c)

end delete

13begin insert(3)end insert “Director” means the Director of Social Services.

begin insert

14
(b) Nothing in this section shall be construed to prohibit or
15discourage placement of persons who have mental or physical
16disabilities into any category of community care facility that meets
17the needs of the individual placed, if the placement is consistent
18with the licensing regulations of the department.

end insert
19begin insert

begin insertSEC. 2.2.end insert  

end insert

begin insertSection 1502 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert

21

1502.  

As used in this chapter:

22(a) “Community care facility” means any facility, place, or
23building that is maintained and operated to provide nonmedical
24residential care, day treatment, adult day care, or foster family
25agency services for children, adults, or children and adults,
26including, but not limited to, the physically handicapped, mentally
27impaired, incompetent persons, and abused or neglected children,
28and includes the following:

29(1) “Residential facility” means any family home, group care
30facility, or similar facility determined by thebegin delete director,end deletebegin insert department,end insert
31 for 24-hour nonmedical care of persons in need of personal
32services, supervision, or assistance essential for sustaining the
33activities of daily living or for the protection of the individual.

34(2) “Adult day program” means any community-based facility
35or program that provides care to persons 18 years of age or older
36in need of personal services, supervision, or assistance essential
37for sustaining the activities of daily living or for the protection of
38these individuals on less than a 24-hour basis.

39(3) “Therapeutic day services facility” means any facility that
40provides nonmedical care, counseling, educational or vocational
P15   1support, or social rehabilitation services on less than a 24-hour
2basis to persons under 18 years of age who would otherwise be
3placed in foster care or who are returning to families from foster
4care. Program standards for these facilities shall be developed by
5the department, pursuant to Section 1530, in consultation with
6therapeutic day services and foster care providers.

7(4) “Foster family agency” means any public agency or private
8
begin delete organization engaged in the recruiting, certifying, and training of,
9and providing professional support to, foster parents, or in finding
10homes or other places for placement of children for temporary or
11permanent care who require that level of care. Private foster family
12agencies shall be organized and operated on a nonprofit basis.end delete

13
begin insert organization, organized and operated on a nonprofit basis,
14engaged in any of the following:end insert

begin insert

15
(A) Recruiting, certifying, approving, and training of, and
16providing professional support to, foster parents and resource
17families.

end insert
begin insert

18
(B) Coordinating with county placing agencies to find homes
19for foster children in need of care.

end insert
begin insert

20
(C) Providing services and supports to licensed or certified
21foster parents, county-approved resource families, and children
22to the extent authorized by state and federal law.

end insert

23(5) “Foster family home” means any residential facility
24providing 24-hour care for six or fewer foster children that is
25owned, leased, or rented and is the residence of the foster parent
26or parents, including their family, in whose care the foster children
27have been placed. The placement may be by a public or private
28child placement agency or by a court order, or by voluntary
29placement by a parent, parents, or guardian. It also means a foster
30family home described in Section 1505.2.

31(6) “Small family home” means any residential facility, in the
32licensee’s family residence, that provides 24-hour care for six or
33fewer foster children who have mental disorders or developmental
34or physical disabilities and who require special care and supervision
35as a result of their disabilities. A small family home may accept
36children with special health care needs, pursuant to subdivision
37(a) of Section 17710 of the Welfare and Institutions Code. In
38addition to placing children with special health care needs, the
39department may approve placement of children without special
40health care needs, up to the licensed capacity.

P16   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:

P17   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 supervisesbegin delete adoptiveend deletebegin insert adoptionend insert placements
6with a full-service adoptive agency, but does not disrupt a
7placement or 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
P18   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.

P19   1(18) “Short-term residentialbegin delete treatment center”end deletebegin insert therapeutic
2program”end insert
means a residential facilitybegin insert operated by a public agency
3or private organization andend insert
licensed by the department pursuant
4to Section 1562.01begin delete and operated by any public agency or private
5organization that provides short-term, specialized, and intensive
6treatment, andend delete
begin insert that provides an integrated program of specialized
7and intensive care and supervision, services and supports,
8treatment, and short-term,end insert
24-hour care and supervision to children.
9The care and supervision provided by a short-term residential
10begin delete treatment centerend deletebegin insert therapeutic programend insert shall be nonmedical, except
11as otherwise permitted by law.begin insert Private short-term residential
12therapeutic programs shall be organized and operated on a
13nonprofit basis.end insert

begin insert

14
(19) “Private alternative boarding school” means a group home
15licensed by the department to operate a program pursuant to
16Section 1502.2 to provide youth with 24-hour residential care and
17supervision, which, in addition to providing educational services
18to youth, provides, or holds itself out as providing,
19behavioral-based services to youth with social, emotional, or
20behavioral issues. The care and supervision provided by a private
21alternative boarding school shall be nonmedical, except as
22otherwise permitted by law.

end insert
begin insert

23
(20) “Private alternative outdoor program” means a group
24home licensed by the department to operate a program pursuant
25to Section 1502.21 to provide youth with 24-hour residential care
26and supervision, which provides, or holds itself out as providing,
27behavioral-based services in an outdoor living setting to youth
28with social, emotional, or behavioral issues. The care and
29supervision provided by a private alternative outdoor program
30shall be nonmedical, except as otherwise permitted by law.

end insert

31(b) “Department” or “state department” means the State
32Department of Social Services.

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

34begin insert

begin insertSEC. 2.3.end insert  

end insert

begin insertSection 1502 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
35amended to read:end insert

36

1502.  

begin insert(a)end insertbegin insertend insertAs used in this chapter:

begin delete

37(a)

end delete

38begin insert(1)end insert “Community care facility” means any facility, place, or
39building that is maintained and operated to provide nonmedical
40residential care, day treatment, adult day care, or foster family
P20   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:

begin delete

5(1)

end delete

6begin insert(A)end insert “Residential facility” means any family home, group care
7facility, or similar facility determined by thebegin delete director,end deletebegin insert department,end insert
8 for 24-hour nonmedical care of persons in need of personal
9services, supervision, or assistance essential for sustaining the
10activities of daily living or for the protection of the individual.

begin delete

11(2)

end delete

12begin insert(B)end insert “Adult day program” means any community-based facility
13or program that provides care to persons 18 years of age or older
14in need of personal services, supervision, or assistance essential
15for sustaining the activities of daily living or for the protection of
16these individuals on less than a 24-hour basis.

begin delete

17(3)

end delete

18begin insert(C)end insert “Therapeutic day services facility” means any facility that
19provides nonmedical care, counseling, educational or vocational
20support, or social rehabilitation services on less than a 24-hour
21basis to persons under 18 years of age who would otherwise be
22placed in foster care or who are returning to families from foster
23care. Program standards for these facilities shall be developed by
24the department, pursuant to Section 1530, in consultation with
25therapeutic day services and foster care providers.

begin delete

26(4)

end delete

27begin insert(D)end insert “Foster family agency” means any public agency or private
28
begin delete organization engaged in the recruiting, certifying, and training of,
29and providing professional support to, foster parents, or in finding
30homes or other places for placement of children for temporary or
31permanent care who require that level of care. Private foster family
32agencies shall be organized and operated on a nonprofit basis.end delete

33
begin insert organization, organized and operated on a nonprofitend insertbegin insert basis,
34engaged in any of the following:end insert

begin insert

35
(i) Recruiting, certifying, approving, and training of, and
36providing professional support to, foster parents and resource
37families.

end insert
begin insert

38
(ii) Coordinating with county placing agencies to find homes
39for foster children in need of care.

end insert
begin insert

P21   1
(iii) Providing services and supports to licensed or certified
2foster parents, county-approved resource families, and children
3to the extent authorized by state and federal law.

end insert
begin delete

4(5)

end delete

5begin insert(E)end insert “Foster family home” means any residential facility
6providing 24-hour care for six or fewer foster children that is
7owned, leased, or rented and is the residence of the foster parent
8or parents, including their family, in whose care the foster children
9have been placed. The placement may be by a public or private
10child placement agency or by a court order, or by voluntary
11placement by a parent, parents, or guardian. It also means a foster
12family home described in Section 1505.2.

begin delete

13(6)

end delete

14begin insert(F)end insert “Small family home” means any residential facility, in the
15licensee’s family residence, that provides 24-hour care for six or
16fewer foster children who have mental disorders or developmental
17or physical disabilities and who require special care and supervision
18as a result of their disabilities. A small family home may accept
19children with special health care needs, pursuant to subdivision
20(a) of Section 17710 of the Welfare and Institutions Code. In
21addition to placing children with special health care needs, the
22department may approve placement of children without special
23health care needs, up to the licensed capacity.

begin delete

24(7)

end delete

25begin insert(G)end insert “Social rehabilitation facility” means any residential facility
26that provides social rehabilitation services for no longer than 18
27months in a group setting to adults recovering from mental illness
28who temporarily need assistance, guidance, or counseling. Program
29components shall be subject to program standards pursuant to
30Article 1 (commencing with Section 5670) of Chapter 2.5 of Part
312 of Division 5 of the Welfare and Institutions Code.

begin delete

32(8)

end delete

33begin insert(H)end insert “Community treatment facility” means any residential
34facility that provides mental health treatment services to children
35in a group setting and that has the capacity to provide secure
36containment. Program components shall be subject to program
37standards developed and enforced by the State Department of
38Health Care Services pursuant to Section 4094 of the Welfare and
39Institutions Code.

begin delete

P22   1Nothing in this section shall be construed to prohibit or
2discourage placement of persons who have mental or physical
3disabilities into any category of community care facility that meets
4the needs of the individual placed, if the placement is consistent
5with the licensing regulations of the department.

end delete
begin delete

6(9)

end delete

7begin insert(I)end insertbegin insert(i)end insertbegin insertend insert“Full-service adoption agency” means any licensed entity
8engaged in the business of providing adoption services, that does
9all of the following:

begin delete

10(A)

end delete

11begin insert(I)end insert Assumes care, custody, and control of a child through
12relinquishment of the child to the agency or involuntary termination
13of parental rights to the child.

begin delete

14(B)

end delete

15begin insert(II)end insert Assesses the birth parents, prospective adoptive parents, or
16child.

begin delete

17(C)

end delete

18begin insert(III)end insert Places children for adoption.

begin delete

19(D)

end delete

20begin insert(IV)end insert Supervises adoptive placements.

begin delete

21Private

end delete

22begin insert(ii)end insertbegin insertend insertbegin insertPrivateend insert full-service adoption agencies shall be organized
23and operated on a nonprofit basis. As a condition of licensure to
24provide intercountry adoption services, a full-service adoption
25agency shall be accredited and in good standing according to Part
2696 of Title 22 of the Code of Federal Regulations, or supervised
27by an accredited primary provider, or acting as an exempted
28provider, in compliance with Subpart F (commencing with Section
2996.29) of Part 96 of Title 22 of the Code of Federal Regulations.

begin delete

30(10)

end delete

31begin insert(J)end insertbegin insert(i)end insertbegin insertend insert“Noncustodial adoption agency” means any licensed
32entity engaged in the business of providing adoption services, that
33does all of the following:

begin delete

34(A)

end delete

35begin insert(I)end insert Assesses the prospective adoptive parents.

begin delete

36(B)

end delete

37begin insert(II)end insert Cooperatively matches children freed for adoption, who are
38under the care, custody, and control of a licensed adoption agency,
39for adoption, with assessed and approved adoptive applicants.

begin delete

40(C)

end delete

P23   1begin insert(III)end insert Cooperatively supervisesbegin delete adoptiveend deletebegin insert adoptionend insert placements
2with a full-service adoptive agency, but does not disrupt a
3placement or remove a child from a placement.

begin delete

4Private

end delete

5begin insert(ii)end insertbegin insertend insertbegin insertPrivateend insert noncustodial adoption agencies shall be organized
6and operated on a nonprofit basis. As a condition of licensure to
7provide intercountry adoption services, a noncustodial adoption
8agency shall be accredited and in good standing according to Part
996 of Title 22 of the Code of Federal Regulations, or supervised
10by an accredited primary provider, or acting as an exempted
11provider, in compliance with Subpart F (commencing with Section
1296.29) of Part 96 of Title 22 of the Code of Federal Regulations.

begin delete

13(11)

end delete

14begin insert(end insertbegin insertK)end insert “Transitional shelter care facility” means any group care
15facility that provides for 24-hour nonmedical care of persons in
16need of personal services, supervision, or assistance essential for
17sustaining the activities of daily living or for the protection of the
18individual. Program components shall be subject to program
19standards developed by the State Department of Social Services
20pursuant to Section 1502.3.

begin delete

21(12)

end delete

22begin insert(end insertbegin insertL)end insert “Transitional housing placement provider” means an
23organization licensed by the department pursuant to Section
241559.110 and Section 16522.1 of the Welfare and Institutions Code
25to provide transitional housing to foster children at least 16 years
26of age and not more than 18 years of age, and nonminor
27dependents, as defined in subdivision (v) of Section 11400 of the
28Welfare and Institutions Code, to promote their transition to
29adulthood. A transitional housing placement provider shall be
30privately operated and organized on a nonprofit basis.

begin delete

31(13)

end delete

32begin insert(end insertbegin insertM)end insert “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.

begin delete

37(14)

end delete

38begin insert(end insertbegin insertN)end insert “Runaway and homeless youth shelter” means a group home
39licensed by the department to operate a program pursuant to Section
401502.35 to provide voluntary,begin delete short-term,end deletebegin insert short-termend insert shelter and
P24   1personal services to runaway youth or homeless youth, as defined
2in paragraph (2) of subdivision (a) of Section 1502.35.

begin delete

3(15)

end delete

4begin insert(end insertbegin insertO)end insert “Enhanced behavioral supports home” means a facility
5certified by the State Department of Developmental Services
6pursuant to Article 3.6 (commencing with Section 4684.80) of
7Chapter 6 of Division 4.5 of the Welfare and Institutions Code,
8and licensed by the State Department of Social Services as an adult
9residential facility or a group home that provides 24-hour
10nonmedical care to individuals with developmental disabilities
11who require enhanced behavioral supports, staffing, and
12supervision in a homelike setting. An enhanced behavioral supports
13home shall have a maximum capacity of four consumers, shall
14conform to Section 441.530(a)(1) of Title 42 of the Code of Federal
15Regulations, and shall be eligible for federal Medicaid home- and
16community-based services funding.

begin delete

17(16)

end delete

18begin insert(end insertbegin insertP)end insert “Community crisis home” means a facility certified by the
19State Department of Developmental Services pursuant to Article
208 (commencing with Section 4698) of Chapter 6 of Division 4.5
21of the Welfare and Institutions Code, and licensed by the State
22Department of Social Services pursuant to Article 9.7 (commencing
23with Section 1567.80), as an adult residential facility, providing
2424-hour nonmedical care to individuals with developmental
25disabilities receiving regional center service, in need of crisis
26intervention services, and who would otherwise be at risk of
27admission to the acute crisis center at Fairview Developmental
28Center, Sonoma Developmental Center, an acute general hospital,
29acute psychiatric hospital, an institution for mental disease, as
30described in Part 5 (commencing with Section 5900) of Division
315 of the Welfare and Institutions Code, or an out-of-state
32placement. A community crisis home shall have a maximum
33capacity of eight consumers, as defined in subdivision (a) of
34Section 1567.80, shall conform to Section 441.530(a)(1) of Title
3542 of the Code of Federal Regulations, and shall be eligible for
36federal Medicaid home- and community-based services funding.

begin delete

37(17)

end delete

38begin insert(end insertbegin insertQ)end insert “Crisis nursery” means a facility licensed by the department
39to operate a program pursuant to Section 1516 to provide short-term
40care and supervision for children under six years of age who are
P25   1voluntarily placed for temporary care by a parent or legal guardian
2due to a family crisis or stressful situation.

begin delete

3(18)

end delete

4begin insert(end insertbegin insertR)end insert “Short-term residentialbegin delete treatment center”end deletebegin insert therapeutic
5programend insert
begin insertend insert means a residential facilitybegin insert operated by a public agency
6or private organization andend insert
licensed by the department pursuant
7to Section 1562.01begin delete and operated by any public agency or private
8organization that provides short-term, specialized, and intensive
9treatment, andend delete
begin insert that provides an integrated program of specialized
10and intensive care and supervision, services and supports,
11treatment, and short-term,end insert
24-hour care and supervision to children.
12The care and supervision provided by a short-term residential
13begin delete treatment centerend deletebegin insert therapeutic programend insert shall be nonmedical, except
14as otherwise permitted by law.begin insert Private short-term residential
15therapeutic programs shall be organized and operated on a
16nonprofit basis. A short-term residential therapeutic program may
17be operated as a children’s crisis residential center.end insert

begin insert

18
(S) “Children’s crisis residential center” means a short-term
19residential therapeutic program operated specifically to divert
20children experiencing a mental health crisis from psychiatric
21hospitalization.

end insert
begin insert

22
(T) “Private alternative boarding school” means a group home
23licensed by the department to operate a program pursuant to
24Section 1502.2 to provide youth with 24-hour residential care and
25supervision, which, in addition to providing educational services
26to youth, provides, or holds itself out as providing,
27behavioral-based services to youth with social, emotional, or
28behavioral issues. The care and supervision provided by a private
29alternative boarding school shall be nonmedical, except as
30otherwise permitted by law.

end insert
begin insert

31
(U) “Private alternative outdoor program” means a group
32home licensed by the department to operate a program pursuant
33to Section 1502.21 to provide youth with 24-hour residential care
34and supervision, which provides, or holds itself out as providing,
35behavioral-based services in an outdoor living setting to youth
36with social, emotional, or behavioral issues. The care and
37supervision provided by a private alternative outdoor program
38shall be nonmedical, except as otherwise permitted by law.

end insert
begin delete

39(b)

end delete

P26   1begin insert(end insertbegin insert2)end insert “Department” or “state department” means the State
2Department of Social Services.

begin delete

3(c)

end delete

4begin insert(end insertbegin insert3)end insert “Director” means the Director of Social Services.

begin insert

5
(b) Nothing in this section shall be construed to prohibit or
6discourage placement of persons who have mental or physical
7disabilities into any category of community care facility that meets
8the needs of the individual placed, if the placement is consistent
9with the licensing regulations of the department.

end insert
10

SEC. 3.  

Section 1502.2 is added to the Health and Safety Code,
11to read:

12

1502.2.  

(a) Commencing January 1, 2018, the department shall
13license private alternative boarding schools, as defined in paragraph
14(19) of subdivision (a) of Section 1502, as a group home pursuant
15to this chapter. A licensed private alternative boarding school shall
16comply with all provisions of this chapter that are applicable to
17group homes, unless otherwise indicated, and with this section.

18(b) A licensed private alternative boarding school shall comply
19with all of the following:

20(1) It shall be owned and operated on a nonprofit basis by a
21private nonprofit corporation or a nonprofit organization.

22(2) It shall prepare and maintain a current, written plan of
23operation, as defined by the department.

24(3) It shall offer 24-hour, nonmedical care and supervision to
25youth who voluntarily consent to being admitted to the program
26and who are voluntarily admitted by his or her parent or legal
27guardian.

28(4) (A) It shall not admit a child younger than 12 years of age.

29(B) It shall not admit a youth who has been assessed by a
30licensed mental health professional as seriously emotionally
31disturbed, unless the youth does not require care in a licensed
32health facility and the State Department of Health Care Services
33has certified the facility as a program that meets the standards to
34provide mental health treatment services for a child having a
35serious emotional disturbance, as set forth in Section 4096.5 of
36the Welfare and Institutions Code.

37(5) It shall provide each prospective youth and his or her parent
38or legal guardian with an accurate written description of the
39programs and services to be provided. If it advertises or promotes
40special care, programming, or environments for persons with
P27   1behavioral, emotional, or social challenges, the written description
2shall include how its programs and services are intended to achieve
3the advertised or promoted claims.

4(6) It shall ensure that all individuals providing behavioral-based
5services to youth at the facility are licensed or certified by the
6appropriate agency, department, or accrediting body, as specified
7by the department in regulation.

8(7) It shall not use secure containment or manual or mechanical
9restraints.

10(8) If it offers access to, or holds itself out as offering access
11to, mental health services, it shall ensure that those services are
12provided by a licensed mental health provider.

13(9) If it advertises or includes in its marketing materials
14reference to providing alcohol or substance abuse treatment, it
15shall ensure that the treatment is provided by a licensed or certified
16alcoholism or drug abuse recovery or treatment facility.

17(c) Abegin delete licensedend delete private alternative boarding school shall submit
18a staff training plan to the department as part of its plan of
19operation. In addition to the training required of group home staff,
20the staff training plan shall include, but not be limited to, training
21in all of the following subject areas:

22(1) Youth rights, as described in subdivision (d).

23(2) Physical and psychosocial needs of youth.

24(3) Appropriate responses to emergencies, including an
25emergency intervention plan.

26(4) Cultural competency and sensitivity in issues relating to the
27lesbian, gay, bisexual, and transgender communities.

28(5) Laws pertaining to residential care facilities for youth.

29(d) (1) A youth admitted to a licensed private alternative
30boarding school shall be accorded the following rights and any
31other rights adopted by the department in regulations, a list of
32which shall be publicly posted and accessible to youth. The
33personal rights enumerated in Section 84072 of Title 22 of the
34California Code of Regulations shall not apply.

35(A) To be accorded dignity in his or her personal relationships
36with staff, youth, and other persons.

37(B) To live in a safe, healthy, and comfortable environment
38where he or she is treated with respect.

39(C) To be free from physical, sexual, emotional, or other abuse,
40or corporal punishment.

P28   1(D) To be granted a reasonable level of personal privacy in
2accommodations, personal care and assistance, and visits.

3(E) To confidential care of his or her records and personal
4information, and to approve release of those records prior to
5release, except as otherwise authorized or required by law.

6(F) To care, supervision, and services that meet his or her
7individual needs and that are delivered by staff who are sufficient
8in numbers, qualifications, and competency to meet his or her
9needs and ensure his or her safety.

10(G) To be served food and beverages of the quality and in the
11quantity necessary to meet his or her nutritional and physical needs.

12(H) (i) To present grievances and recommend changes in
13policies, procedures, and services to the facility’s staff,
14management, and governing authority, or any other person without
15restraint, coercion, discrimination, reprisal, or other retaliatory
16actions.

17(ii) To have the licensee take prompt actions to respond to
18grievances presented pursuant to clause (i).

19(I) To be able to contact parents or legal guardians, including
20 visits and scheduled and unscheduled private telephone
21conversations, written correspondence, and electronic
22communications, unless prohibited by court order.

23(J) To be fully informed, as evidenced by the youth’s written
24acknowledgment, prior to, or at the time of, admission at the
25facility, of all the rules governing the youth’s conduct and
26responsibilities.

27(K) To receive in the admission agreement information that
28details the planned programs and services for the youth.

29(L) To have his or her parents or legal guardians remove him
30or her from the facility.

31(M) To consent to have visitors or telephone calls during
32reasonable hours, privately and without prior notice, if the visitors
33or telephone calls do not disrupt planned activities and are not
34 prohibited by court order or by the youth’s parent or legal guardian.

35(N) To be free of corporal punishment, physical restraints of
36any kind, and deprivation of basic necessities, including education,
37as a punishment, deterrent, or incentive.

38(O) To have caregivers who have received instruction on cultural
39competency and sensitivity relating to, and best practices for,
P29   1providing adequate care to lesbian, gay, bisexual, and transgender
2youth in out-of-home care.

3(P) To be free from acts that seek to change his or her sexual
4orientation, including efforts to change his or her gender
5expressions, or to eliminate or reduce sexual or romantic attractions
6or feelings toward individuals of the same sex.

7(Q) To have fair and equal access to all available services,
8placement, care, treatment, and benefits and to not be subjected
9to discrimination or harassment on the basis of actual or perceived
10race, ethnic group identification, ancestry, national origin, color,
11religion, sex, sexual orientation, gender identity, mental or physical
12disability, or HIV status.

13(R) To be free from abusive, humiliating, degrading, or
14traumatizing actions.

15(2) Paragraph (1) shall not be interpreted to require a licensed
16private alternative boarding school to take any action that would
17impair the health or safety of youth in the facility.

18(e) (1) A licensed private alternative boarding school is not an
19eligible placement option pursuant to Section 319, 361.2, 450, or
20727 of the Welfare and Institutions Code.

21(2) A licensed private alternative boarding school shall not be
22eligible for a rate pursuant to Section 11462 of the Welfare and
23Institutions Code.

24(f) This section does not apply to any facility operated, licensed,
25or certified by the Department of Corrections and Rehabilitation
26and its Division of Juvenile Justice, the California Conservation
27Corps, the Military Department, or any other governmental entity
28or to a boarding school that solely focuses on academics.

29(g) (1) On or before January 1, 2018, the department shall adopt
30regulations to implement this section, in consultation with
31interested parties, including representatives of private alternative
32boarding schools, former residents of private alternative boarding
33schools, and advocates for youth. Until regulations are adopted
34and become effective pursuant to the Administrative Procedure
35 Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of
36Division 3 of Title 2 of the Government Code, a private alternative
37boarding school shall be governed by the regulations applicable
38to group homes, Chapter 5 (commencing with Section 84000) of
39Division 6 of Title 22 of the California Code of Regulations.

P30   1(2) The department may adopt emergency regulations to
2implement this section. The adoption, amendment, repeal, or
3readoption of a regulation authorized by this section is deemed to
4address an emergency, for purposes of Sections 11346.1 and
511349.6 of the Government Code, and the department is hereby
6exempted for this purpose from the requirements of subdivision
7(b) of Section 11346.1 of the Government Code.

8(h) A private alternative boarding school operating prior to
9January 1, 2018, shall comply with licensing requirements on or
10before July 1, 2018.

11(i) For the purpose of this section, “youth” means a person who
12is 12 to 17 years of age, inclusive, or a person who is 18 years of
13age if he or she is completing high school or its equivalent.

14

SEC. 4.  

Section 1502.21 is added to the Health and Safety
15Code
, to read:

16

1502.21.  

(a) Commencing January 1, 2019, the department
17shall license private alternative outdoor programs, as defined in
18paragraph (20) of subdivision (a) of Section 1502, as a group home
19pursuant to this chapter. A private alternative outdoor program
20shall comply with the provisions of this chapter that are applicable
21to group homes, unless otherwise indicated, and with this section.

22(b) A licensed private alternative outdoor program shall comply
23with all of the following:

24(1) It shall be owned and operated on a nonprofit basis by a
25private nonprofit corporation or a nonprofit organization.

26(2) It shall prepare and maintain a current, written plan of
27operation, as defined by the department.

28(3) It shall offer 24-hour, nonmedical care and supervision to
29youth who voluntarily consent to being admitted to the program
30and who are voluntarily admitted by his or her parent or legal
31guardian.

32(4) It shall have a ratio of one staff person to every four youths.

33(5) (A) It shall not admit a child who is younger than 12 years
34of age.

35(B) It shall not admit a youth who has been assessed by a
36licensed mental health professional as seriously emotionally
37disturbed, unless the youth does not require care in a licensed
38health facility and the State Department of Health Care Services
39has certified the program as a program that meets the standards to
40provide mental health treatment services for a child having a
P31   1serious emotional disturbance, as set forth in Section 4096.5 of
2the Welfare and Institutions Code.

3(6) It shall provide each prospective youth and his or her parent
4or legal guardian with an accurate written description of the
5programs and services to be provided. If it advertises or promotes
6special care, programming, or environments for persons with
7behavioral, emotional, or social challenges, the written description
8shall include how its programs and services are intended to achieve
9the advertised or promoted claims.

10(7) It shall ensure that all individuals providing behavioral-based
11services to youth in the program are licensed or certified by the
12appropriate agency, department, or accrediting body, as specified
13by the department in regulation.

14(8) It shall not use secure containment or manual or mechanical
15restraints.

16(9) If it offers access to, or holds itself out as offering access
17to, mental health services, it shall ensure that those services are
18provided by a licensed mental health provider.

19(10) If it advertises or includes in its marketing materials
20reference to providing alcohol or substance abuse treatment, it
21shall ensure that the treatment is provided by a licensed or certified
22alcoholism or drug abuse recovery or treatment facility.

23(c) (1) In addition to the training required of group home staff
24by department regulations, a staff member of a licensed private
25alternative outdoor program who supervises youth shall receive
26an additional number of hours of initial and annual training, to be
27determined by the department in regulations developed in
28 consultation with stakeholders.

29(2) Abegin delete licensedend delete private alternative outdoor program shall submit
30a staff training plan to the department as part of its plan of
31operation. The staff training plan shall provide for the number of
32additional initial and annual training hours required by paragraph
33(1) and shall include, but not be limited to, training in all of the
34following subject areas:

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

36(B) Physical and psychosocial needs of youth.

37(C) Appropriate responses to emergencies, including an
38emergency intervention plan.

39(D) Cultural competency and sensitivity in issues relating to the
40lesbian, gay, bisexual, and transgender communities.

P32   1(E) Laws pertaining to residential care facilities for youth.

2(F) Low-impact camping.

3(G) Navigation skills.

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

5(I) Recognition of poisonous plants.

6(J) Wilderness first aid.

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

8(L) Report writing and log maintenance.

9(d) (1) A youth admitted to a licensed private alternative
10outdoor program shall be accorded the following rights and any
11other rights adopted by the department by regulation, a list of which
12shall be publicly posted and accessible to youth. The personal
13rights enumerated in Section 84072 of Title 22 of the California
14Code of Regulations shall not apply.

15(A) To be accorded dignity in his or her personal relationships
16with staff, youth, and other persons.

17(B) To live in a safe, healthy, and comfortable environment
18where he or she is treated with respect.

19(C) To be free from physical, sexual, emotional, or other abuse,
20or corporal punishment.

21(D) To be granted a reasonable level of personal privacy in
22accommodations, personal care and assistance, and visits.

23(E) To confidential care of his or her records and personal
24information, and to approve release of those records prior to
25release, except as otherwise authorized or required by law.

26(F) To care, supervision, and services that meet his or her
27individual needs and that are delivered by staff who are sufficient
28in numbers, qualifications, and competency to meet his or her
29needs and ensure his or her safety.

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

32(H) (i) To present grievances and recommend changes in
33policies, procedures, and services to the program’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
40visits and scheduled and unscheduled private telephone
P33   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 in the
5program, 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 program.

11(M) To consent to have visitors or telephone calls during
12reasonable hours, privately and without prior notice, provided the
13visitors or telephone calls do not disrupt planned activities and are
14not 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 cultural
20competency and sensitivity relating to, and best practices for,
21providing adequate care to lesbian, gay, bisexual, and transgender
22youth in out-of-home care.

23(P) To be free from acts that seek to change his or her sexual
24 orientation, including efforts to change his or her gender
25expressions, or to eliminate or reduce sexual or romantic attractions
26or 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 outdoor program to take any action that would
37impair the health or safety of youth in the program.

38(e) (1) A licensed private alternative outdoor program is not
39an eligible placement option pursuant to Section 319, 361.2, 450,
40or 727 of the Welfare and Institutions Code.

P34   1(2) A licensed private alternative outdoor program 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 programs operated, licensed,
5or certified by the Department of Corrections and Rehabilitation
6and its Division of Juvenile Justice, the California Conservation
7Corps, or the Military Department, programs operated by any
8governmental entity, any organized camp as defined in Section
918897, outdoor activities for youth designed to be primarily
10recreational, including, but not limited to, activities organized by
11Outward Bound, Boy Scouts, Girl Scouts, Camp Fire, or other
12similar organizations, or any camp exclusively serving children
13with a medical diagnosis for a physical condition or illness,
14including, but not limited to, cancer, muscular dystrophy, or burn
15injuries.

16(g) (1) On or before January 1, 2019, the department shall adopt
17regulations to implement this section in consultation with interested
18parties, including representatives of private alternative outdoor
19programs, former participants in private alternative outdoor
20programs, and advocates for youth. Regulations adopted pursuant
21to this section shall be contained in the regulations applicable to
22group homes in Chapter 5 (commencing with Section 84000) of
23Division 6 of Title 22 of the California Code of Regulations.

24(2) The department may adopt emergency regulations to
25implement this section. The adoption, amendment, repeal, or
26readoption of a regulation authorized by this section is deemed to
27address an emergency, for purposes of Sections 11346.1 and
2811349.6 of the Government Code, and the department is hereby
29exempted for this purpose from the requirements of subdivision
30(b) of Section 11346.1 of the Government Code.

31(h) A private alternative outdoor program operating prior
32January 1, 2019, shall comply with licensing requirements on or
33before July 1, 2019.

34(i) For the purpose of this section, “youth” means a person who
35is 12 to 17 years of age, inclusive, or a person who is 18 years of
36age if he or she is completing high school or its equivalent.

37

SEC. 5.  

Section 1505 of the Health and Safety Code is amended
38to read:

39

1505.  

This chapter does not apply to any of the following:

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

P35   1(b) Any clinic, as defined by Section 1202.

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

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

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

9(f) begin insert(1)end insertbegin insertend insert Any facility conducted by and for the adherents of any
10well-recognized church or religious denomination for the purpose
11of providing facilities for the care or treatment of the sick who
12depend solely upon prayer or spiritual means for healing in the
13practice of the religion of the church or denomination.

begin insert

14
(2) A private alternative boarding school or private alternative
15outdoor program, as defined in subdivision (a) of Section 1502,
16that uses prayer or spiritual means as a component of its
17programming or services in addition to behavioral based services
18is subject to licensure under this chapter.

end insert

19(g) Any school dormitory or similar facility determined by the
20department, except a private alternative boarding school or private
21alternative outdoor program as defined in subdivision (a) of Section
221502.

23(h) Any house, institution, hotel, homeless shelter, or other
24similar place that supplies board and room only, or room only, or
25board only, provided that no resident thereof requires any element
26of care as determined by the director.

27(i) Recovery houses or other similar facilities providing group
28living arrangements for adults recovering from alcoholism or drug
29addiction where the facility provides no care or supervision.

30(j) Any alcoholism or drug abuse recovery or treatment facility
31 as defined in Section 11834.02.

32(k) Any arrangement for the receiving and care of persons by
33a relative or any arrangement for the receiving and care of persons
34from only one family by a close friend of the parent, guardian, or
35conservator, if the arrangement is not for financial profit and occurs
36only occasionally and irregularly, as defined by regulations of the
37department. For purposes of this chapter, arrangements for the
38receiving and care of persons by a relative shall include relatives
39of the child for the purpose of keeping sibling groups together.

P36   1(l) (1) Any home of a relative caregiver of children who are
2placed by a juvenile court, supervised by the county welfare or
3probation department, and the placement of whom is approved
4according to subdivision (d) of Section 309 of the Welfare and
5Institutions Code.

6(2) Any home of a nonrelative extended family member, as
7described in Section 362.7 of the Welfare and Institutions Code,
8providing care to children who are placed by a juvenile court,
9supervised by the county welfare or probation department, and the
10placement of whom is approved according to subdivision (d) of
11Section 309 of the Welfare and Institutions Code.

12(3) On and after January 1, 2012, any supervised independent
13living placement for nonminor dependents, as defined in
14subdivision (w) of Section 11400 of the Welfare and Institutions
15Code, who are placed by the juvenile court, supervised by the
16county welfare department, probation department, Indian tribe,
17consortium of tribes, or tribal organization that entered into an
18agreement pursuant to Section 10553.1 of the Welfare and
19Institutions Code, and whose placement is approved pursuant to
20subdivision (k) of Section 11400 of the Welfare and Institutions
21Code.

22(4) A Transitional Housing Program-Plus, as defined in
23subdivision (s) of Section 11400 of the Welfare and Institutions
24Code, that serves only eligible former foster youth over 18 years
25of age who have exited from the foster care system on or after their
2618th birthday, and that has obtained certification from the
27applicable county in accordance with subdivision (c) of Section
2816522 of the Welfare and Institutions Code.

29(m) Any supported living arrangement for individuals with
30developmental disabilities, as defined in Section 4689 of the
31Welfare and Institutions Code.

32(n) (1) Any family home agency, family home, or family
33teaching home as defined in Section 4689.1 of the Welfare and
34Institutions Code, that is vendored by the State Department of
35 Developmental Services and that does any of the following:

36(A) As a family home approved by a family home agency,
37provides 24-hour care for one or two adults with developmental
38disabilities in the residence of the family home provider or
39providers and the family home provider or providers’ family, and
40the provider is not licensed by the State Department of Social
P37   1Services or the State Department of Public Health or certified by
2a licensee of the State Department of Social Services or the State
3Department of Public Health.

4(B) As a family teaching home approved by a family home
5agency, provides 24-hour care for a maximum of three adults with
6developmental disabilities in independent residences, whether
7contiguous or attached, and the provider is not licensed by the
8State Department of Social Services or the State Department of
9Public Health or certified by a licensee of the State Department of
10Social Services or the State Department of Public Health.

11(C) As a family home agency, engages in recruiting, approving,
12and providing support to family homes.

13(2) No part of this subdivision shall be construed as establishing
14by implication either a family home agency or family home
15licensing category.

16(o) Any facility in which only Indian children who are eligible
17under the federal Indian Child Welfare Act (Chapter 21
18(commencing with Section 1901) of Title 25 of the United States
19Code) are placed and that is one of the following:

20(1) An extended family member of the Indian child, as defined
21in Section 1903 of Title 25 of the United States Code.

22(2) A foster home that is licensed, approved, or specified by the
23Indian child’s tribe pursuant to Section 1915 of Title 25 of the
24United States Code.

25(p) (1) (A) Any housing occupied by elderly or disabled
26persons, or both, that is initially approved and operated under a
27regulatory agreement pursuant to Section 202 of Public Law 86-372
28(12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625
29(42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to
30Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that
31receives mortgage assistance pursuant to Section 221d (3) of Public
32Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are
33made available to residents at their option, as long as the project
34owner or operator does not contract for or provide the supportive
35services.

36(B) Any housing that qualifies for a low-income housing credit
37 pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42)
38or that is subject to the requirements for rental dwellings for
39low-income families pursuant to Section 8 of Public Law 93-383
40(42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
P38   1persons, or both, where supportive services are made available to
2residents at their option, as long as the project owner or operator
3does not contract for or provide the supportive services.

4(2) The project owner or operator to which paragraph (1) applies
5may coordinate, or help residents gain access to, the supportive
6services, either directly, or through a service coordinator.

7(q) A resource family, as defined in Section 16519.5 of the
8Welfare and Institutions Code.

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

10

SEC. 6.  

Section 1507.6 of the Health and Safety Code is
11amended to read:

12

1507.6.  

(a) Mental health services, as deemed necessary by
13the placing agency, may be provided to children in a group home.
14Except for the physical safety and direct care and supervision of
15children so placed, the State Department of Social Services and
16its agents shall not evaluate or have responsibility or liability for
17the evaluation of mental health services provided in those homes.
18Supervision of mental health treatment services provided to a child
19in a group home shall be a case management responsibility of the
20placing agency.

21(b) (1) Psychotropic medications shall be used only in
22accordance with the written directions of the physician prescribing
23the medication and as authorized by the juvenile court pursuant to
24Section 369.5 or 739.5 of the Welfare and Institutions Code.

25(2) The facility shall maintain in a child’s records all of the
26following information:

27(A) A copy of any court order authorizing the psychotropic
28medication for the child.

29(B) A separate log for each psychotropic medication prescribed
30for the child, showing all of the following:

31(i) The name of the medication.

32(ii) The date of the prescription.

33(iii) The quantity of medication and number of refills initially
34prescribed.

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

36(v) The required dosage and directions for use as specified in
37writing by the physician prescribing the medication, including any
38changes directed by the physician.

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

P39   1(3) This subdivision does not apply to a runaway and homeless
2youth shelter, as defined in Section 1502.

3(4) The requirements regarding juvenile court authorization, as
4described in paragraph (1), and maintaining a copy of any court
5order, as described in subparagraph (A) of paragraph (2), shall
6only apply to private alternative boarding schools and private
7alternative outdoor programs, as defined in Section 1502, as
8otherwise required by applicable law.

9

SEC. 7.  

Section 1522.06 of the Health and Safety Code is
10amended to read:

11

1522.06.  

(a) Individuals who are volunteer candidates for
12mentoring children in foster care settings, as defined by the
13department, in private alternative boarding schools, or in private
14alternative outdoor programs, shall be subject to a criminal
15background investigation prior to having unsupervised contact
16with the children. The criminal background check shall be initiated
17and conducted pursuant to either Sections 1522 and 1522.1 or
18Section 1596.603, as applicable. Sections 1522 and 1522.1 may
19be utilized by a county social services agency in cooperation with,
20or as a component of, a licensed foster family agency.

21(b) (1) The Department of Justice shall not charge a processing
22fee with respect to any individual to whom subdivision (a) applies
23for a state-level criminal offender record information search
24pursuant to Section 1522.

25(2) The State Department of Social Services shall not charge a
26fee for the cost of a criminal background investigation under
27Section 1522 with respect to any individual to whom subdivision
28(a) applies.

29

SEC. 8.  

Section 1522.44 of the Health and Safety Code is
30amended to read:

31

1522.44.  

(a) It is the policy of the state that caregivers of
32children in foster care possess knowledge and skills relating to the
33reasonable and prudent parent standard, as defined in subdivision
34(c) of Section 362.05 of the Welfare and Institutions Code.

35(b) Except for licensed foster family homes and certified family
36homes, each licensed community care facility that provides care
37and supervision to children and operates with staff shall designate
38at least one onsite staff member to apply the reasonable and prudent
39parent standard to decisions involving the participation of a child
40who is placed in the facility in age or developmentally appropriate
P40   1activities in accordance with the requirements of Section 362.05
2of the Welfare and Institutions Code, Section 671(a)(10) of Title
342 of the United States Code, and the regulations adopted by the
4department pursuant to this chapter.

5(c) A licensed and certified foster parent or facility staff member,
6as described in subdivision (b), shall receive training related to the
7reasonable and prudent parent standard that is consistent with
8Section 671(a)(24) of Title 42 of the United States Code. This
9training shall include knowledge and skills relating to the
10reasonable and prudent parent standard for the participation of the
11child in age or developmentally appropriate activities, including
12knowledge and skills relating to the developmental stages of the
13cognitive, emotional, physical, and behavioral capacities of a child,
14and knowledge and skills relating to applying the standard to
15decisions such as whether to allow the child to engage in
16extracurricular, enrichment, cultural, and social activities, including
17sports, field trips, and overnight activities lasting one or more days,
18and to decisions involving the signing of permission slips and
19arranging of transportation for the child to and from extracurricular,
20enrichment, and social activities.

21(d) This section does not apply to a runaway and homeless youth
22shelter, a private alternative boarding school, or a private alternative
23outdoor program, as those terms are defined, respectively, in
24subdivision (a) of Section 1502.

25begin insert

begin insertSEC. 8.5.end insert  

end insert

begin insertSection 1522.44 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
26amended to read:end insert

27

1522.44.  

(a) It is the policy of the state that caregivers of
28children in foster care possess knowledge and skills relating to the
29reasonable and prudent parent standard, as defined in subdivision
30(c) of Section 362.05 of the Welfare and Institutions Code.

31(b) Except for licensed foster familybegin delete homes andend deletebegin insert homes,end insert certified
32family homes,begin insert and resource families approved by a foster family
33agency,end insert
each licensed community care facility that provides care
34and supervision to children and operates with staff shall designate
35at least one onsite staff member to apply the reasonable and prudent
36parent standard to decisions involving the participation of a child
37who is placed in the facility in age or developmentally appropriate
38activities in accordance with the requirements of Section 362.05
39of the Welfare and Institutions Code, Section 671(a)(10) of Title
P41   142 of the United States Code, and the regulations adopted by the
2department pursuant to this chapter.

3(c) A licensed and certified fosterbegin delete parentend deletebegin insert parent, resource family,end insert
4 or facility staff member, as described in subdivision (b), shall
5receive training related to the reasonable and prudent parent
6standard that is consistent with Section 671(a)(24) of Title 42 of
7the United States Code. This training shall include knowledge and
8skills relating to the reasonable and prudent parent standard for
9the participation of the child in age or developmentally appropriate
10activities, including knowledge and skills relating to the
11developmental stages of the cognitive, emotional, physical, and
12behavioral capacities of a child, and knowledge and skills relating
13to applying the standard to decisions such as whether to allow the
14child to engage in extracurricular, enrichment, cultural, and social
15activities, including sports, field trips, and overnight activities
16lasting one or more days, and to decisions involving the signing
17of permission slips and arranging of transportation for the child to
18and from extracurricular, enrichment, and social activities.

19(d) This section does not apply tobegin insert aend insert runaway and homeless youth
20begin delete shelters as defined in paragraph (14) ofend deletebegin insert shelter, a private
21alternative boarding school, or a private alternative outdoor
22program, as those terms are defined, respectively, inend insert
subdivision
23(a) of Section 1502.

24

SEC. 9.  

Section 1523.1 of the Health and Safety Code is
25amended to read:

26

1523.1.  

(a) (1) An application fee adjusted by facility and
27capacity shall be charged by the department for the issuance of a
28license. After initial licensure, a fee shall be charged by the
29department annually on each anniversary of the effective date of
30the license. The fees are for the purpose of financing the activities
31specified in this chapter. Fees shall be assessed as follows, subject
32to paragraph (2):


33

 

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

P42  24

 

25(2) (A) The Legislature finds that all revenues generated by
26fees for licenses computed under this section and used for the
27purposes for which they were imposed are not subject to Article
28XIII B of the California Constitution.

29(B) The department, at least every five years, shall analyze
30initial application fees and annual fees issued by it to ensure the
31 appropriate fee amounts are charged. The department shall
32recommend to the Legislature that fees established by the
33Legislature be adjusted as necessary to ensure that the amounts
34are appropriate.

35(b) (1) In addition to fees set forth in subdivision (a), the
36department shall charge the following fees:

37(A) A fee that represents 50 percent of an established application
38fee when an existing licensee moves the facility to a new physical
39address.

P43   1(B) A fee that represents 50 percent of the established
2application fee when a corporate licensee changes who has the
3authority to select a majority of the board of directors.

4(C) A fee of twenty-five dollars ($25) when an existing licensee
5seeks to either increase or decrease the licensed capacity of the
6facility.

7(D) An orientation fee of fifty dollars ($50) for attendance by
8any individual at a department-sponsored orientation session.

9(E) A probation monitoring fee equal to the current annual fee,
10in addition to the current annual fee for that category and capacity
11for each year a license has been placed on probation as a result of
12a stipulation or decision and order pursuant to the administrative
13adjudication procedures of the Administrative Procedure Act
14(Chapter 4.5 (commencing with Section 11400) and Chapter 5
15(commencing with Section 11500) of Part 1 of Division 3 of Title
162 of the Government Code).

17(F) A late fee that represents an additional 50 percent of the
18established current annual fee when any licensee fails to pay the
19current annual licensing fee on or before the due date as indicated
20 by postmark on the payment.

21(G) A fee to cover any costs incurred by the department for
22processing payments including, but not limited to, bounced check
23charges, charges for credit and debit transactions, and postage due
24charges.

25(H) A plan of correction fee of two hundred dollars ($200) when
26any licensee does not implement a plan of correction on or prior
27to the date specified in the plan.

28(I) Additional fees established by the department by regulation
29for private alternative boarding schools and private alternative
30outdoor programs, as necessary to regulate those licensees.

31(2) Foster family homes shall be exempt from the fees imposed
32pursuant to this subdivision.

33(3) Foster family agencies shall be annually assessed
34eighty-eight dollars ($88) for each home certified by the agency.

35(4) No local jurisdiction shall impose any business license, fee,
36or tax for the privilege of operating a facility licensed under this
37chapter which serves six or fewer persons.

38(c) (1) The revenues collected from licensing fees pursuant to
39this section shall be utilized by the department for the purpose of
40ensuring the health and safety of all individuals provided care and
P44   1supervision by licensees and to support activities of the licensing
2program, including, but not limited to, monitoring facilities for
3compliance with licensing laws and regulations pursuant to this
4chapter, and other administrative activities in support of the
5licensing program, when appropriated for these purposes. The
6revenues collected shall be used in addition to any other funds
7appropriated in the Budget Act in support of the licensing program.
8The department shall adjust the fees collected pursuant to this
9section as necessary to ensure that they do not exceed the costs
10described in this paragraph.

11(2) The department shall not utilize any portion of these revenues
12sooner than 30 days after notification in writing of the purpose
13and use of this revenue, as approved by the Director of Finance,
14to the Chairperson of the Joint Legislative Budget Committee, and
15the chairpersons of the committee in each house that considers
16appropriations for each fiscal year. The department shall submit
17a budget change proposal to justify any positions or any other
18related support costs on an ongoing basis.

19(d) A facility may use a bona fide business check to pay the
20license fee required under this section.

21(e) The failure of an applicant or licensee to pay all applicable
22and accrued fees and civil penalties shall constitute grounds for
23denial or forfeiture of a license.

24begin insert

begin insertSEC. 9.5.end insert  

end insert

begin insertSection 1523.1 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
25amended to read:end insert

26

1523.1.  

(a) (1) An application fee adjusted by facility and
27capacity shall be charged by the department for the issuance of a
28license. After initial licensure, a fee shall be charged by the
29department annually on each anniversary of the effective date of
30the license. The fees are for the purpose of financing the activities
31specified in this chapter. Fees shall be assessed as follows, subject
32to paragraph (2):


33

 

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

P45  24

 

25(2) (A) The Legislature finds that all revenues generated by
26fees for licenses computed under this section and used for the
27purposes for which they were imposed are not subject to Article
28XIII B of the California Constitution.

29(B) The department, at least every five years, shall analyze
30initial application fees and annual fees issued by it to ensure the
31 appropriate fee amounts are charged. The department shall
32recommend to the Legislature that fees established by the
33Legislature be adjusted as necessary to ensure that the amounts
34are appropriate.

35(b) (1) In addition to fees set forth in subdivision (a), the
36department shall charge the following fees:

37(A) A fee that represents 50 percent of an established application
38fee when an existing licensee moves the facility to a new physical
39address.

P46   1(B) A fee that represents 50 percent of the established
2application fee when a corporate licensee changes who has the
3authority to select a majority of the board of directors.

4(C) A fee of twenty-five dollars ($25) when an existing licensee
5seeks to either increase or decrease the licensed capacity of the
6facility.

7(D) An orientation fee of fifty dollars ($50) for attendance by
8any individual at a department-sponsored orientation session.

9(E) A probation monitoring fee equal to the current annual fee,
10in addition to the current annual fee for that category and capacity
11for each year a license has been placed on probation as a result of
12a stipulation or decision and order pursuant to the administrative
13adjudication procedures of the Administrative Procedure Act
14(Chapter 4.5 (commencing with Section 11400) and Chapter 5
15(commencing with Section 11500) of Part 1 of Division 3 of Title
162 of the Government Code).

17(F) A late fee that represents an additional 50 percent of the
18established current annual fee when any licensee fails to pay the
19current annual licensing fee on or before the due date as indicated
20 by postmark on the payment.

21(G) A fee to cover any costs incurred by the department for
22processing payments including, but not limited to, bounced check
23charges, charges for credit and debit transactions, and postage due
24charges.

25(H) A plan of correction fee of two hundred dollars ($200) when
26any licensee does not implement a plan of correction on or prior
27to the date specified in the plan.

begin insert

28
(I) Additional fees established by the department by regulation
29for private alternative boarding schools and private alternative
30outdoor programs, as necessary to regulate those licensees.

end insert

31(2) Foster family homesbegin insert and resource family homes approved
32by a foster family agencyend insert
shall be exempt from the fees imposed
33pursuant to this subdivision.

34(3) Foster family agencies shall be annually assessed
35eighty-eight dollars ($88) for eachbegin delete home certifiedend deletebegin insert certified family
36home and resource family certified or approvedend insert
by the agency.

37(4) No local jurisdiction shall impose any business license, fee,
38or tax for the privilege of operating a facility licensed under this
39chapter which serves six or fewer persons.

P47   1(c) (1) The revenues collected from licensing fees pursuant to
2this section shall be utilized by the department for the purpose of
3ensuring the health and safety of all individuals provided care and
4supervision by licensees and to support activities of the licensing
5program, including, but not limited to, monitoring facilities for
6compliance with licensing laws and regulations pursuant to this
7chapter, and other administrative activities in support of the
8licensing program, when appropriated for these purposes. The
9revenues collected shall be used in addition to any other funds
10appropriated in the Budget Act in support of the licensing program.
11The department shall adjust the fees collected pursuant to this
12section as necessary to ensure that they do not exceed the costs
13described in this paragraph.

14(2) The department shall not utilize any portion of these revenues
15sooner than 30 days after notification in writing of the purpose
16and use of this revenue, as approved by the Director of Finance,
17to the Chairperson of the Joint Legislative Budget Committee, and
18the chairpersons of the committee in each house that considers
19appropriations for each fiscal year. The department shall submit
20a budget change proposal to justify any positions or any other
21related support costs on an ongoing basis.

22(d) A facility may use a bona fide business check to pay the
23license fee required under this section.

24(e) The failure of an applicant or licensee to pay all applicable
25and accrued fees and civil penalties shall constitute grounds for
26denial or forfeiture of a license.

27

SEC. 10.  

Section 1538.8 of the Health and Safety Code is
28amended to read:

29

1538.8.  

(a) (1) In order to review and evaluate the use of
30psychotropic medications in group homes, the department shall
31compile, to the extent feasible and not otherwise prohibited by law
32and based on information received from the State Department of
33Health Care Services, at least annually, information concerning
34each group home, including, but not limited to, the child welfare
35psychotropic medication measures developed by the department
36and the following Healthcare Effectiveness Data and Information
37Set (HEDIS) measures related to psychotropic medications:

38(A) Follow-Up Care for Children Prescribed Attention Deficit
39Hyperactivity Disorder Medication (HEDIS ADD), which measures
40the number of children 6 to 12 years of age, inclusive, who have
P48   1a visit with a provider with prescribing authority within 30 days
2of the new prescription.

3(B) Use of Multiple Concurrent Antipsychotics in Children and
4Adolescents (HEDIS APC), which does both of the following:

5(i) Measures the number of children receiving an antipsychotic
6medication for at least 60 out of 90 days and the number of children
7who additionally receive a second antipsychotic medication that
8overlaps with the first.

9(ii) Reports a total rate and age stratifications including 6 to 11
10years of age, inclusive, and 12 to 17 years of age, inclusive.

11(C) Use of First-Line Psychosocial Care for Children and
12Adolescents on Antipsychotics (HEDIS APP), which measures
13whether a child has received psychosocial services 90 days before
14through 30 days after receiving a new prescription for an
15antipsychotic medication.

16(D) Metabolic Monitoring for Children and Adolescents on
17Antipsychotics (HEDIS APM), which does both of the following:

18(i) Measures testing for glucose or HbA1c and lipid or
19cholesterol of a child who has received at least two different
20antipsychotic prescriptions on different days.

21(ii) Reports a total rate and age stratifications including 6 to 11
22years of age, inclusive, and 12 to 17 years of age, inclusive.

23(2) The department shall post the list of data to be collected
24pursuant to this subdivision on the department’s Internet Web site.

25(b) The data in subdivision (a) concerning psychotropic
26medication, mental health services, and placement shall be drawn
27from existing data maintained by the State Department of Health
28Care Services and the State Department of Social Services and
29shared pursuant to a data sharing agreement meeting the
30requirements of all applicable state and federal laws and
31regulations.

32(c) This section does not apply to a runaway and homeless youth
33shelter, a private alternative boarding school, or a private alternative
34outdoor program, as those terms are defined, respectively, in
35Section 1502.

36begin insert

begin insertSEC. 10.5.end insert  

end insert

begin insertSection 1538.8 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37amended to read:end insert

38

1538.8.  

(a) (1) In order to review and evaluate the use of
39psychotropic medications in groupbegin delete homes,end deletebegin insert homes and short-term
40residential therapeutic programs,end insert
the department shall compile,
P49   1to the extent feasible and not otherwise prohibited by law and
2based on information received from the State Department of Health
3Care Services, at least annually, information concerning each group
4begin delete home,end deletebegin insert homeend insertbegin insert and short-term residential therapeutic programend insertbegin insert,end insert
5 including, but not limited to, the child welfare psychotropic
6medication measures developed by the department and the
7following Healthcare Effectiveness Data and Information Set
8(HEDIS) measures related to psychotropic medications:

9(A) Follow-Up Care for Children Prescribed Attention Deficit
10Hyperactivity Disorder Medication (HEDIS ADD), which measures
11the number of children 6 to 12 years of age, inclusive, who have
12a visit with a provider with prescribing authority within 30 days
13of the new prescription.

14(B) Use of Multiple Concurrent Antipsychotics in Children and
15Adolescents (HEDIS APC), which does both of the following:

16(i) Measures the number of children receiving an antipsychotic
17medication for at least 60 out of 90 days and the number of children
18who additionally receive a second antipsychotic medication that
19overlaps with the first.

20(ii) Reports a total rate and age stratifications including 6 to 11
21years of age, inclusive, and 12 to 17 years of age, inclusive.

22(C) Use of First-Line Psychosocial Care for Children and
23Adolescents on Antipsychotics (HEDIS APP), which measures
24whether a child has received psychosocial services 90 days before
25through 30 days after receiving a new prescription for an
26antipsychotic medication.

27(D) Metabolic Monitoring for Children and Adolescents on
28Antipsychotics (HEDIS APM), which does both of the following:

29(i) Measures testing for glucose or HbA1c and lipid or
30cholesterol of a child who has received at least two different
31antipsychotic prescriptions on different days.

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(2) The department shall post the list of data to be collected
35pursuant to this subdivision on the department’s Internet Web site.

36(b) The data in subdivision (a) concerning psychotropic
37medication, mental health services, and placement shall be drawn
38from existing data maintained by the State Department of Health
39Care Services and the State Department of Social Services and
40shared pursuant to a data sharing agreement meeting the
P50   1requirements of all applicable state and federal laws and
2regulations.

3(c) This section does not apply to a runaway and homeless youth
4shelter,begin delete as definedend deletebegin insert a private alternative boarding school, or a
5private alternative outdoor program, as those terms are defined,
6respectively,end insert
in Section 1502.

7

SEC. 11.  

Section 1538.9 of the Health and Safety Code is
8amended to read:

9

1538.9.  

(a) (1) (A) The department shall consult with the
10State Department of Health Care Services and stakeholders to
11establish a methodology for identifying those group homes
12providing care under the AFDC-FC program pursuant to Sections
1311460 and 11462 of the Welfare and Institutions Code that have
14levels of psychotropic drug utilization warranting additional review.
15The methodology shall be adopted on or before July 1, 2016.

16(B) Every three years after adopting the methodology developed
17under subparagraph (A), or earlier if needed, the department shall
18consult with the State Department of Health Care Services and
19stakeholders and revise the methodology, if necessary.

20(2) If the department, applying the methodology described in
21paragraph (1), determines that a facility appears to have levels of
22psychotropic drug utilization warranting additional review, it shall
23inspect the facility at least once a year.

24(3) The inspection of the facility shall include, but not be limited
25to, a review of the following:

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

27(B) Child-to-staff ratios.

28(C) Staff qualifications and training.

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

30(E) Availability of psychosocial and other alternative treatments
31to the use of psychotropic medications.

32(F) Other factors that the department determines contribute to
33levels of psychotropic drug utilization that warrant additional
34review.

35(G) Confidential interviews of children residing in the facility
36at the time of the inspection.

37(4) The inspection of the facility may include, but is not limited
38to, the following:

39(A) Confidential interviews of children who resided in the
40facility within the last six months.

P51   1(B) Confidential discussions with physicians identified as
2prescribing the medications.

3(b) Following an inspection conducted pursuant to this section,
4the department, as it deems appropriate, may do either or both of
5the following:

6(1) Share relevant information and observations with county
7placing agencies, social workers, probation officers, the court,
8dependency counsel, or the Medical Board of California, as
9applicable.

10(2) Share relevant information and observations with the facility
11and require the facility to submit a plan, within 30 days of receiving
12the information and observations from the department, to address
13any identified risks within the control of the facility related to
14psychotropic medication. The department shall approve the plan
15and verify implementation of the plan to determine whether those
16risks have been remedied.

17(c) (1) Notwithstanding the rulemaking provisions of the
18Administrative Procedure Act (Chapter 3.5 (commencing with
19Section 11340) of Part 1 of Division 3 of Title 2 of the Government
20Code), until emergency regulations are filed with the Secretary of
21State, the department may implement this section through
22all-county letters or similar instructions.

23(2) On or before January 1, 2017, the department shall adopt
24regulations to implement this section. The initial adoption,
25amendment, or repeal of a regulation authorized by this subdivision
26is deemed to address an emergency, for purposes of Sections
2711346.1 and 11349.6 of the Government Code, and the department
28is hereby exempted for that purpose from the requirements of
29subdivision (b) of Section 11346.1 of the Government Code. After
30the initial adoption, amendment, or repeal of an emergency
31regulation pursuant to this section, the department may twice
32request approval from the Office of Administrative Law to readopt
33the regulation as an emergency regulation pursuant to Section
3411346.1 of the Government Code. The department shall adopt final
35regulations on or before January 1, 2018.

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

37(1) Replaces or alters other requirements for responding to
38complaints and making inspections or visits to group homes,
39including, but not limited to, those set forth in Sections 1534 and
401538.

P52   1(2) Prevents or precludes the department from taking any other
2action permitted under any other law, including any regulation
3adopted pursuant to this chapter.

4(e) This section does not apply to a runaway and homeless youth
5shelter, a private alternative boarding school, or a private alternative
6outdoor program, as those terms are defined, respectively, in
7Section 1502.

8begin insert

begin insertSEC. 11.5.end insert  

end insert

begin insertSection 1538.9 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
9amended to read:end insert

10

1538.9.  

(a) (1) (A) The department shall consult with the
11State Department of Health Care Services and stakeholders to
12establish a methodology for identifying those group homes
13providing care under the AFDC-FC program pursuant to Sections
1411460 and 11462 of the Welfare and Institutions Code that have
15levels of psychotropic drug utilization warranting additional review.
16The methodology shall be adopted on or before July 1, 2016.

17(B) Every three years after adopting the methodology developed
18under subparagraph (A), or earlier if needed, the department shall
19consult with the State Department of Health Care Services and
20stakeholders and revise the methodology, if necessary.

21(2) If the department, applying the methodology described in
22paragraph (1), determines that a facility appears to have levels of
23psychotropic drug utilization warranting additional review, it shall
24inspect the facility at least once a year.

25(3) The inspection of the facility shall include, but not be limited
26to, a review of the following:

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

28(B) Child-to-staff ratios.

29(C) Staff qualifications and training.

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

31(E) Availability of psychosocial and other alternative treatments
32to the use of psychotropic medications.

33(F) Other factors that the department determines contribute to
34levels of psychotropic drug utilization that warrant additional
35review.

36(G) Confidential interviews of children residing in the facility
37at the time of the inspection.

38(4) The inspection of the facility may include, but is not limited
39to, the following:

P53   1(A) Confidential interviews of children who resided in the
2facility within the last six months.

3(B) Confidential discussions with physicians identified as
4prescribing the medications.

5(b) Following an inspection conducted pursuant to this section,
6the department, as it deems appropriate, may do either or both of
7the following:

8(1) Share relevant information and observations with county
9placing agencies, social workers, probation officers, the court,
10dependency counsel, or the Medical Board of California, as
11applicable.

12(2) Share relevant information and observations with the facility
13and require the facility to submit a plan, within 30 days of receiving
14the information and observations from the department, to address
15any identified risks within the control of the facility related to
16psychotropic medication. The department shall approve the plan
17and verify implementation of the plan to determine whether those
18risks have been remedied.

19(c) (1) Notwithstanding the rulemaking provisions of the
20Administrative Procedure Act (Chapter 3.5 (commencing with
21Section 11340) of Part 1 of Division 3 of Title 2 of the Government
22Code), until emergency regulations are filed with the Secretary of
23State, the department may implement this section through
24all-county letters or similar instructions.

25(2) On or before January 1, 2017, the department shall adopt
26regulations to implement this section. The initial adoption,
27amendment, or repeal of a regulation authorized by this subdivision
28is deemed to address an emergency, for purposes of Sections
2911346.1 and 11349.6 of the Government Code, and the department
30is hereby exempted for that purpose from the requirements of
31subdivision (b) of Section 11346.1 of the Government Code. After
32the initial adoption, amendment, or repeal of an emergency
33regulation pursuant to this section, the department may twice
34request approval from the Office of Administrative Law to readopt
35the regulation as an emergency regulation pursuant to Section
3611346.1 of the Government Code. The department shall adopt final
37regulations on or before January 1, 2018.

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

39(1) Replaces or alters other requirements for responding to
40complaints and making inspections or visits to group homes,
P54   1including, but not limited to, those set forth in Sections 1534 and
21538.

3(2) Prevents or precludes the department from taking any other
4action permitted under any other law, including any regulation
5adopted pursuant to this chapter.

begin insert

6
(e) The methodology developed pursuant to this section shall
7apply to short-term residential therapeutic programs, as defined
8in Section 1502, in a manner determined by the department.

end insert
begin delete

9(e)

end delete

10begin insert(end insertbegin insertf)end insert This section does not apply to a runaway and homeless youth
11shelter,begin delete as definedend deletebegin insert a private alternative boarding school, or a
12private alternative outdoor program, as those terms are defined,
13respectively,end insert
in Section 1502.

14begin insert

begin insertSEC. 12.end insert  

end insert
begin insert

(a) (1) Section 2.1 of this bill incorporates
15amendments to Section 1502 of the Health and Safety Code
16proposed by both this bill and Assembly Bill 741. It shall only
17become operative if (A) both bills are enacted and become effective
18on or before January 1, 2017, (B) each bill amends Section 1502
19of the Health and Safety Code, (C) Assembly Bill 1997 is not
20enacted or as enacted does not amend that section, and (D) this
21bill is enacted after Assembly Bill 741, in which case Sections 2,
222.2, and 2.3 of this bill shall not become operative.

end insert
begin insert

23
(2) Section 2.2 of this bill incorporates amendments to Section
241502 of the Health and Safety Code proposed by both this bill and
25Assembly Bill 1997. It shall only become operative if (A) both bills
26are enacted and become effective on or before January 1, 2017,
27(B) each bill amends Section 1502 of the Health and Safety Code,
28(C) Assembly Bill 741 is not enacted or as enacted does not amend
29that section, and (D) this bill is enacted after Assembly Bill 1997,
30in which case Sections 2, 2.1, and 2.3 of this bill shall not become
31operative.

end insert
begin insert

32
(3) Section 2.3 of this bill incorporates amendments to Section
331502 of the Health and Safety Code proposed by this bill, Assembly
34Bill 741, and Assembly Bill 1997. It shall only become operative
35if (A) all three bills are enacted and become effective on or before
36January 1, 2017, (B) all three bills amend Section 1502 of the
37Health and Safety Code, and (C) this bill is enacted after Assembly
38Bill 741 and Assembly Bill 1997, in which case Sections 2, 2.1,
39and 2.2 of this bill shall not become operative.

end insert
begin insert

P55   1
(b) Section 8.5 of this bill incorporates amendments to Section
21522.44 of the Health and Safety Code proposed by both this bill
3and Assembly Bill 1997. It shall only become operative if (1) both
4bills are enacted and become effective on or before January 1,
52017, (2) each bill amends Section 1522.44 of the Health and
6Safety Code, and (3) this bill is enacted after Assembly Bill 1997,
7in which case Section 8 of this bill shall not become operative.

end insert
begin insert

8
(c) Section 9.5 of this bill incorporates amendments to Section
91523.1 of the Health and Safety Code proposed by both this bill
10and Assembly Bill 1997. It shall only become operative if (1) both
11bills are enacted and become effective on or before January 1,
122017, (2) each bill amends Section 1523.1 of the Health and Safety
13Code, and (3) this bill is enacted after Assembly Bill 1997, in which
14case Section 9 of this bill shall not become operative.

end insert
begin insert

15
(d) Section 10.5 of this bill incorporates amendments to Section
161538.8 of the Health and Safety Code proposed by both this bill
17and Assembly Bill 1997. It shall only become operative if (1) both
18bills are enacted and become effective on or before January 1,
192017, (2) each bill amends Section 1538.8 of the Health and Safety
20Code, and (3) this bill is enacted after Assembly Bill 1997, in which
21case Section 10 of this bill shall not become operative.

end insert
begin insert

22
(e) Section 11.5 of this bill incorporates amendments to Section
231538.9 of the Health and Safety Code proposed by both this bill
24and Assembly Bill 1997. It shall only become operative if (1) both
25bills are enacted and become effective on or before January 1,
262017, (2) each bill amends Section 1538.9 of the Health and Safety
27Code, and (3) this bill is enacted after Assembly Bill 1997, in which
28case Section 11 of this bill shall not become operative.

end insert
29

begin deleteSEC. 12.end delete
30
begin insertSEC. 13.end insert  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.



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