BILL NUMBER: SB 1159	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Maldonado

                        FEBRUARY 18, 2010

   An act to amend Section 1502.3 of the Health and Safety Code,
relating to community care facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1159, as introduced, Maldonado. Community care facilities.
   Under existing law the State Department of Social Services
licenses and regulates community care facilities, including
transitional shelter care facilities, as defined.
   This bill would make nonsubstantive, technical changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1502.3 of the Health and Safety Code is amended
to read:
   1502.3.   (a)    For purposes of this chapter, a
 "community   community  care 
facility," to   facility, as defined by  Section
1502, includes a transitional shelter care facility.  A

    (b)     For purposes of this chapter, a
 "transitional shelter care facility" means a short-term
residential care program that meets all of the following
requirements: 
   (a) 
    (1)  It is owned by the county, and operated by the
county or by a private nonprofit organization under contract to the
county. 
   (b) 
    (2)  It is a group care facility that provides for
24-hour nonmedical care of persons, under 18 years of age, who are 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 on a short-term basis. As used in this
section, "short-term" means up to 90 days from the date of admission.

   (c) 
    (3)  It is for the sole purpose of providing care for
children who have been removed from their homes as a result of abuse
or neglect, or both; for children who have been adjudged wards of the
court; and, for children who are seriously emotionally disturbed
children. For purposes of this  subdivision  
paragraph  , "abuse or neglect" means the same as defined in
Section 300 of the Welfare and Institutions Code. For purposes of
this  subdivision   paragraph  , "wards of
the court" means the same as defined in Section 602 of the Welfare
and Institutions Code. For purposes of this  subdivision
  paragraph  , "seriously emotionally disturbed
children" means the same as defined in subdivision (a) of Section
5600.3 of the Welfare and Institutions Code. 
   (d) 
    (4)  It primarily serves children who have previously
been placed in a community care facility and are awaiting placement
into a different community care facility that is appropriate to their
needs. Children residing in transitional shelter care facilities may
include children who are very difficult to place in appropriate
community care facilities because of factors  which 
 that  may be present in combination, including:
threatening, aggressive,  suicide   suicidal
 , runaway  ,  or destructive behaviors and behaviors
as defined in Section 5600.3 of the Welfare and Institutions Code.

   (e) 
    (c)  Based upon an agreement with the county, the
licensee shall agree to accept, for placement into its transitional
shelter care program, all children referred by the county. 
   (f) 
    (d)  The licensee shall not discharge  any
  a  child without the permission of the county,
except when a child:
   (1) Commits an unlawful act and the child must be detained in a
juvenile institution.
   (2) Requires either of the following:
   (A) Physical health care in an acute care hospital.
   (B) Mental health services in an acute psychiatric hospital.

   (g) 
    (e)  The licensee shall provide a program that is
designed to be flexible enough to care for a highly variable
population size and shall allow for the special needs of sibling
groups.