AB 2038, as introduced, Eggman. Community treatment facilities.
Existing law requires the State Department of State Hospitals to establish, by regulation, specified program standards for any facility licensed as a community treatment facility and authorizes the State Department of Health Care Services to adopt or amend regulations pertaining to these program standards. Existing law requires only seriously emotionally disturbed children for whom other less restrictive mental health interventions have been tried, or who are currently placed in an acute psychiatric hospital or state hospital or in a facility outside the state for mental health treatment, and who may require periods of containment to participate in, and benefit from, mental health treatment to be placed in a community treatment facility.
This bill would make a technical, nonsubstantive change to those 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 4094.5 of the Welfare and Institutions
2Code is amended to read:
Regulations for community treatment facilities adopted
2pursuant to Section 4094 shall include, but not be limited to, the
3following:
4(a) Only seriously emotionally disturbed children, as defined
5in Section 5699.2, for whom other less restrictive mental health
6interventions have been tried, as documented in the case plan, or
7who are currently placed in an acute psychiatric hospital or state
8hospital or in a facility outside the state for mental health treatment,
9and who may require periods of containment to participate in, and
10benefit from, mental health treatment, shall be placed in a
11community treatment facility. For purposes of this subdivision,
12lesser restrictive interventions shall include, but are not limited to,
13outpatient therapy, family
counseling, case management, family
14preservation efforts, special education classes, or nonpublic
15schooling.
16(b) A facility shall have the capacity to provide secure
17containment. For purposes of this section, a facility or an area of
18a facility shall be defined as secure if residents are not permitted
19to leave the premises of their own volition. All or part of a facility,
20including its perimeter, but not a room alone, may be locked or
21secure. If a facility uses perimeter fencing, all beds within the
22perimeter shall be considered secure beds. All beds outside of a
23locked or secure wing or facility shall be considered nonsecure
24beds.
25(c) A locked or secure program in a facility shall not be used
26for disciplinary purposes, but shall be used for the protection of
27the minor. It may be used as a treatment modality for a child
28needing that level of care. The use of the secure facility
program
29shall be for as short a period as possible, consistent with the child’s
30case plan and safety. The department shall develop regulations
31governing the oversight, review, and duration of the use of secure
32beds.
33(d) Fire clearance approval shall be obtained pursuant to Section
341531.2 of the Health and Safety Code.
35(e) (1) Prior to admission,begin delete anyend deletebegin insert aend insert child admitted to a community
36treatment facility shall have been certified as seriously emotionally
37disturbed, as defined in Section 5699.2, by a licensed mental health
38professional. The child shall, prior to admission, have been
39determined to be in need of the level of care provided by a
P3 1community treatment facility, by a
county interagency placement
2committee, as prescribed by Section 4096.
3(2) Any county cost associated with the certification and the
4determination provided for in paragraph (1) may be billed as a
5utilization review expense.
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