BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 524| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 524 Author: Lara (D), et al. Amended: 8/19/16 Vote: 21 SENATE HUMAN SERVICES COMMITTEE: 4-0, 4/28/15 AYES: McGuire, Berryhill, Hancock, Liu NO VOTE RECORDED: Nguyen SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/28/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NO VOTE RECORDED: Bates, Nielsen SENATE HUMAN SERVICES COMMITTEE: 3-2, 8/26/16 (Pursuant to Senate Rule 29.10) AYES: McGuire, Hancock, Liu NOES: Berryhill, Nguyen SENATE FLOOR: 35-1, 6/1/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk NOES: Morrell NO VOTE RECORDED: Gaines, Nielsen, Runner, Stone ASSEMBLY FLOOR: 54-23, 8/24/16 - See last page for vote SUBJECT: Private alternative boarding schools and outdoor programs SOURCE: Los Angeles LGBT Center SB 524 Page 2 DIGEST: This bill establishes the licensure categories of private alternative boarding school" and "private alternative outdoor program" and makes those facilities subject to regulation under the Community Care Licensing Act as specified. This bill establishes rights for youth admitted to a private alternative boarding school or a private alternative outdoor program and requires each prospective youth and his or her parent or guardian be provided with an accurate written description of the programs. This bill requires training in specified subject areas, and makes other regulatory changes. Assembly Amendments substantially revise the licensure requirements and create separate licensure categories for these two types of facilities. ANALYSIS: Existing law: 1) Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities by California Department of Social Services (CDSS). (HSC 1500, et seq.) 2) Defines "community care facility" to mean any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, individuals with physical disabilities or mental impairments and abused or neglected children. Includes within this definition, group homes, foster family homes, full-service adoption agencies, noncustodial adoption agencies, transitional shelters, and others. (HSC 1502) SB 524 Page 3 3) Defines "residential facility" as a family home, group care facility, or similar facility providing 24-hour nonmedical care to persons in need of personal services, supervision, or assistance that is essential for sustaining the activities of daily living, or for the protection of the individual. (HSC 1502 (a)(1)) 4) Prohibits the operation of an unlicensed community care facility which provides or represents that it provides, care or supervision, or which represents itself as a community care facility that is not exempted from licensure. (HSC 1503.5) 5) Exempts specified facilities from the Act, including a health facility or clinic, a juvenile placement facility approved by the Department of Corrections and Rehabilitation, a county-operated juvenile hall, child day care facilities, foster homes, a facility conducted for the adherents of any well-recognized church or religious denomination who depend upon prayer or spiritual means for healing in the practice of the church or denomination, a school dormitory, facilities that supply board and room only, recovery houses, and others. (HSC 1505) This bill: 1) Makes various legislative findings and declarations, including about the risks of unlicensed behavioral treatment facilities. 2) Adds to statute the licensure category of "private alternative boarding school" and defines it as a group home licensed by CDSS to provide youth with 24-hour residential care and supervision, which, in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. SB 524 Page 4 3) Adds to statute the licensure category of "private alternative outdoor program" and defines it to mean a group home licensed by CDSS to operate a program to provide youth with 24-hour residential care and supervision, which provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or behavioral issues, as specified. 4) Requires that the care and supervision provided by private alternative boarding schools and private alternative outdoor programs be nonmedical, except as otherwise permitted by law. 5) Requires a private alternative boarding school or private alternative outdoor program to comply with all statutory provisions applicable to group homes, unless otherwise indicated, and requires the facility to do all of the following: a) Be owned and operated on a nonprofit basis and prepare and maintain a current, written plan of operation, as defined by CDSS. b) Offer 24-hour, nonmedical care and supervision to youth who voluntarily consent to being admitted to the program and who are voluntarily admitted by a parent or legal guardian. c) Not admit a child younger than 12 years of age or employ secure containment or manual or mechanical restraints. d) Not admit a youth who has been assessed by a licensed mental health professional as seriously emotionally disturbed, unless the youth does not require care in a SB 524 Page 5 licensed health facility and the facility is certified to provide appropriate mental health treatment, as specified. e) 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, including a written description of how advertised special programming or services are intended to achieve the promoted claims, as specified. f) Ensure that all individuals providing behavioral-based services to youth at the facility are licensed or certified by the appropriate agency, department, or accrediting body, as specified by the department in regulation, and that g) If it offers access to, or holds itself out as offering access to, mental health service or alcohol or substance abuse treatments, it shall ensure that those services are provided by a licensed or certified provider of those services. 6) Requires a staffing ratio in private alternative outdoor programs be one staff person to every four youths, and requires that staff who supervise youth receive an additional number of hours of initial and annual training, to be determined by CDSS in regulations developed in consultation with stakeholders in addition to the training required of group home staff by CDSS regulations. 7) Requires a private alternative boarding school or private alternative outdoor program to submit a staff training plan to CDSS as part of its plan of operation. In addition to other required training, as specified, requires training in youth rights, the physical and psychosocial needs of youth, appropriate responses to emergencies, as specified, cultural competency and sensitivity in issues relating to the lesbian, SB 524 Page 6 gay, bisexual, and transgender communities, and laws pertaining to residential care facilities for youth. 8) Requires, additionally, training in the following areas for staff of private alternative outdoor programs: a) Low-impact camping. b) Navigation skills. c) Water, food, and shelter procurement. d) Recognition of poisonous plants. e) Wilderness first aid. f) Health issues related to acclimation and exposure. g) Report writing and log maintenance. 9) Exempts providers from adhering to the existing bill of rights for foster children in group homes, as specified in regulation. Instead, requires youths admitted to a licensed private alternative boarding school or private alternative outdoor program to be accorded specified rights, and requires the list of rights to be publicly posted and accessible to youth. Specifies that the youth's rights shall not require a licensee to take any action that would impair the health or safety of youth in the facility. Included in these rights are: To be accorded dignity in his or her personal relationships with staff, youth, and other persons, and to be free from physical, sexual, emotional, or other abuse, or corporal punishment, physical restraints of any kind, and deprivation of basic necessities, as a punishment, deterrent, or incentive. To live in a safe, healthy, and comfortable environment where he or she is treated with respect, and to be granted a reasonable level of personal privacy, as specified. To be served food and beverages of the quality and in the quantity necessary to meet his or her nutritional and physical needs. SB 524 Page 7 To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, as specified. To have his or her parents or legal guardians remove him or her from the program. To consent to have visitors or telephone calls during reasonable hours, privately and without prior notice, provided the visitors or telephone calls do not disrupt planned activities and are not prohibited by court order or by the youth's parent or legal guardian. To have caregivers who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. To be free from acts that seek to change his or her sexual orientation, including efforts to change gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. To be free from abusive, humiliating, degrading, or traumatizing actions. 1) Prohibits placement of youth in either of these new licensing categories from the child welfare or probation systems and prohibits the payment of a rate for a Short Term Residential Therapeutic Program. 2) Exempts the licensure requirements of a private alternative boarding school from applying to any facility operated, licensed, or certified by the Department of Corrections and Rehabilitation and its Division of Juvenile Justice, the California Conservation Corps, the Military Department, or any other governmental entity or to a boarding school that solely focuses on academics. SB 524 Page 8 3) Exempts the licensure requirements of a private alternative outdoor program from applying to those same programs, as well as to any organized camp, as defined, outdoor activities for youth designed to be primarily recreational, including, but not limited to, activities organized by Outward Bound, Boy Scouts, Girl Scouts, Camp Fire, and others, as specified. 4) Permits CDSS to adopt emergency regulations and requires adoption of regulations by January 1, 2018, for private alternative boarding schools, and by January 1, 2019, for private alternative outdoor programs in consultation with stakeholders, as specified, and requires that existing programs in each of these categories be compliant with new regulations no later than six months after those dates. In the meantime, requires that these programs be governed by specified existing group home regulations. 5) Requires individuals who are volunteer candidates for mentoring children in these facilities to be subject to a criminal background investigation, prior to having unsupervised contact with the children. 6) Restricts the existing licensure exemption for spiritual programs by removing the exemption for a private alternative boarding school or private alternative outdoor program that uses prayer or spiritual means as a component of its programming or services in addition to behavioral based services, thus making those facilities subject to licensure. Similarly, specifies that the existing licensure exemption for a school dormitory or similar facility does not include a private alternative boarding school or private alternative outdoor program. 7) Permits CDSS to set licensure fees via regulation for both types of new programs. SB 524 Page 9 8) Exempts private alternative boarding schools and private alternative outdoor programs from participating in psychotropic medication monitoring and oversight measures currently required for child welfare placements, as specified, and exempts such facilities from requirements of the "reasonable and prudent parent standard," required for foster homes and group homes. Background The Community Care Licensing Division (CCL) of CDSS licenses and regulates a variety of facilities which provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults. CCL also licenses and regulates child care centers, residential care facilities for the elderly, and other facilities. Approximately 65,000 care facilities are licensed in the state, with the capacity to serve 1.3 million Californians. Private Children's Residential Facilities. Private, self-described "therapeutic boarding schools," "wilderness programs," "residential treatment centers," or "reform schools" are 24-hour residential facilities serving children and adolescents who face emotional, mental, academic, physical or social challenges. In some instances, facilities may be licensed as a residential group home or a residential community treatment facility. However, CDSS reports there are facilities and programs in the state that are unlicensed and either relying on the exemption for "school dormitories" provided for in statute (HSC 1505) or because there is no licensing provision for wilderness camps or boot camps. Safety and Abuse Concern. Various wilderness programs have been the subject of lawsuits and accusations of abuse and neglect including incidents of "sexualized role play." In 2004, a 14-year-old boy died in a wilderness program after hiking several miles in 90-degree weather. Reportedly, a combination of SB 524 Page 10 excessive heat, a constrictive uniform, and the boy's obesity caused his body to overheat. He suffered severe heatstroke requiring immediate medical attention but program staffers ignored complaints and the youth died an hour later at the hospital. In 2012, a mother filed a lawsuit alleging that her 15-year-old daughter was subjected to hours of stress positions, threats of suffocation, exposure to animal abuse and regular public humiliation. General Accounting Office report. A U.S. General Accounting Office report entitled, "Residential Facilities: Improved Data and Enhanced Oversight Would Help Safeguard the Well-Being of Youth with Behavioral and Emotional Challenges" from May, 2008, evaluated regulatory oversight of residential facilities serving children, including private facilities receiving no government funding. The report identified significant gaps in regulatory oversight and licensure of private residential facilities serving youth. Related/Prior Legislation SB 1089 (Liu, 2012) sought to license and regulate "private nontraditional alternative treatment facilities for youth" and was similar to this bill. It was held in the Assembly Appropriations Committee FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes Unknown. SUPPORT: (Verified8/26/16) SB 524 Page 11 Los Angeles LGBT Center (source) AIDS Project LA Buenstar Human Services Inc. California Alliance of Child and Family Services California LGBT Health and Human Services Network City of Los Angeles City of West Hollywood Equality California Gender Health Center LGBTQ Center of Long Beach Sacramento LGBT Center SIA Organization Stonewall Democratic Club Transgender Law Center WWASP Survivors OPPOSITION: (Verified8/26/16) Freeing American Children from Exploitation and Sexual Slavery Riverview Christian Academy ARGUMENTS IN SUPPORT: According to the author, residential boarding schools currently are exempt from state licensing and do not have oversight "beyond filing a one-page affidavit with the Department of Education." The author states that the lack of oversight and regulation has opened the door to abuse and parents and guardians often have no idea that a facility is not subject to rigorous licensure standards. "Tragically, many young people have experienced horrendous abuse, neglect, and even death at unregulated boot camps, wilderness camps, and residential institutions," the author states. ARGUMENTS IN OPPOSITION: The organization Freeing American Children from Exploitation and Sexual Slavery writes that the bill will imperil sex trafficked minors by eliminating alternatives to group homes, where "a majority of recruitment of minors into sex trafficking" takes place. It further states that CCL's oversight of group homes has been poor and that CCL will SB 524 Page 12 not have the ability to successfully manage all the private residential schools in California. ASSEMBLY FLOOR: 54-23, 8/24/16 AYES: Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon NOES: Achadjian, Travis Allen, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Gray, Grove, Harper, Jones, Lackey, Mathis, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Hadley, Kim, Linder Prepared by:Mareva Brown / HUMAN S. / (916) 651-1524 8/26/16 14:26:50 **** END ****