Cal. Health and Safety Code - HSC § 1500. Section 1500.
This chapter shall be known and may be cited as the California Community Care Facilities Act.
ARTICLE 1. General Provisions [1500. - 1518.]
Cal. Health and Safety Code - HSC 1.
in effectCal. Health and Safety Code - HSC § 1501. Section 1501.
(a)
The Legislature hereby finds and declares that there is an urgent need to establish a coordinated and comprehensive statewide service system of quality community care for mentally ill, developmentally and physically disabled, and children and adults who require care or services by a facility or organization issued a license or special permit pursuant to this chapter.
(b)
Therefore, the Legislature declares it is the intent of the state to develop policies and programs designed to: (1) insure a level of care and services in the community which is equal to or better than that provided by the state hospitals; (2) assure that all people who require them are provided with the appropriate range of social rehabilitative, habilitative and treatment services, including residential and nonresidential programs tailored to their needs; (3) protect the legal and human rights of a person in or receiving services from a community care facility; (4) insure continuity of care between the medical-health elements and the supportive care-rehabilitation elements of California’s health systems; (5) insure that facilities providing community care are adequate, safe and sanitary; (6) assure that rehabilitative and treatment services are provided at a reasonable cost; (7) assure that state payments for community care services are based on a flexible rate schedule varying according to type and cost of care and services provided; (8) encourage the utilization of personnel from state hospitals and the development of training programs to improve the quality of staff in community care facilities; and (9) insure the quality of community care facilities by evaluating the care and services provided and furnishing incentives to upgrade their quality.
Cal. Health and Safety Code - HSC § 1501.1. Section 1501.1.
(a)
It is the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in the best interests of the child. A county may require placement or licensing agencies, or both placement and licensing agencies, to actively seek out-of-home care facilities capable of meeting the varied needs of the child. Therefore, in placing children in out-of-home care, particular attention should be given to the individual child’s needs, the ability of the facility to meet those needs, the needs of other children in the facility, the licensing requirements of the facility as determined by the licensing agency, and the impact of the placement on the family reunification plan.
(b)
Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code, except as provided by statute, may be placed in the same facility provided the facility is licensed, complies with all licensing requirements relevant to the protection of the child, and has a special permit, if necessary, to meet the needs of each child so placed. A facility may not require, as a condition of placement, that a child be identified as an individual with exceptional needs as defined by Section 56026 of the Education Code.
(c)
Neither the requirement for any license nor any regulation shall restrict the implementation of the provisions of this section. Implementation of this section does not obviate the requirement for a facility to be licensed by the department.
(d)
Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code, except as provided by statute, may be placed in the same licensed foster family home or with a foster family agency for subsequent placement in a certified family home or with a resource family. Children, including nonminor
dependents, with developmental disabilities, mental disorders, or physical disabilities may be placed in licensed foster family homes or certified family homes or with resource families, provided that an appraisal of the child’s or nonminor dependent’s needs and the ability of the receiving home to meet those needs is made jointly by the placement agency and the licensee in the case of licensed foster family homes or the placement agency and the foster family agency in the case of certified family homes or resource families, and is followed by written confirmation prior to placement. The appraisal shall confirm that the placement poses no threat to any child in the home.
(e)
(1)
For purposes of this chapter, the placing of children by foster family agencies shall be referred to as “subsequent placement” to distinguish the
activity from the placing by public agencies.
(2)
For purposes of this chapter, and unless otherwise specified, references to a “child” shall include a “nonminor dependent,” as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, “nonminor former dependent or ward,” as defined in paragraph (1) of subdivision (aa) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code.
Cal. Health and Safety Code - HSC § 1502. Section 1502.
As used in this chapter:
(a)
“Community care facility” means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)
“Residential facility” means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection
of the individual.
(2)
“Adult day program” means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)
“Therapeutic day services facility” means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)
“Foster family agency” means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:
(A)
Recruiting, certifying, approving, and training of, and providing professional support to, foster parents and resource families.
(B)
Coordinating with county placing agencies to find homes for foster children in need of care.
(C)
Providing services and supports to licensed or certified foster parents, county-approved resource families, and children to the extent authorized by state and federal law.
(5)
“Foster family home” means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or
parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)
“Small family home” means any residential facility, in the licensee’s family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)
“Social rehabilitation facility” means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)
(A)
“Community treatment facility” means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
(B)
This section does not prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)
(A)
“Full-service adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(i)
Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(ii)
Assesses the birth parents, prospective adoptive parents, or child.
(iii)
Places children for adoption.
(iv)
Supervises adoptive placements.
(v)
Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption.
(B)
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96
of Title 22 of the Code of Federal Regulations.
(10)
(A)
“Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(i)
Assesses the prospective adoptive parents.
(ii)
Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(iii)
Cooperatively supervises adoption placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
(iv)
Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption.
(B)
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)
“Transitional shelter care facility” means any group care facility that provides for 24-hour nonmedical care of persons
in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)
“Transitional housing placement provider” means an organization licensed by the department pursuant to Section 1559.110 to provide transitional housing to foster children who are at least 16 years of age to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)
“Group home” means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home
shall be nonmedical, except as otherwise permitted by law.
(14)
“Youth homelessness prevention center” means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to homeless youth, youth who are at risk of homelessness, youth who are exhibiting status offender behavior, or runaway youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)
“Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who
require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)
“Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at
Fairview Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)
“Crisis nursery” means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)
“Short-term
residential therapeutic program” means a residential facility operated by a public agency or private organization and licensed by the department pursuant to Section 1562.01 that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed, as defined in standards and regulations adopted by the department. The care and supervision provided by a short-term residential therapeutic program shall be nonmedical, except as otherwise permitted by law. Private short-term residential therapeutic programs shall be organized and operated on a nonprofit basis. A short-term residential therapeutic program may be operated as a children’s crisis residential program.
(19)
“Private alternative boarding school” means a group home licensed by the department to operate a program pursuant to Section 1502.2 to provide youth with
24-hour residential care and supervision, that, 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. The care and supervision provided by a private alternative boarding school shall be nonmedical, except as otherwise permitted by law.
(20)
“Private alternative outdoor program” means a group home licensed by the department to operate a program pursuant to Section 1502.21 to provide youth with 24-hour residential care and supervision, that provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative outdoor program shall be nonmedical, except as otherwise permitted by law.
(21)
“Children’s crisis residential
program” means a facility licensed by the department as a short-term residential therapeutic program pursuant to Section 1562.02 and approved by the State Department of Health Care Services, or a county mental health plan to which the State Department of Health Care Services has delegated approval authority, to operate a children’s crisis residential mental health program with approval pursuant to Section 11462.011 of the Welfare and Institutions Code, to serve children experiencing mental health crises as an alternative to psychiatric hospitalization.
(22)
“Group home for children with special health care needs” means a group home certified by the State Department of Developmental Services pursuant to Article 3.5 (commencing with Section 4684.50) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code and licensed by the State Department of Social Services pursuant to Article 9 (commencing with Section 1567.50) of this code that
provides 24-hour health care and intensive support services in a homelike setting. A group home for children with special health care needs shall have a maximum capacity of five children with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code.
(b)
“Department” or “state department” means the State Department of Social Services.
(c)
“Director” means the Director of Social Services.
Cal. Health and Safety Code - HSC § 1502.2. Section 1502.2.
(a)
Commencing January 1, 2018, the department shall license private alternative boarding schools, as defined in paragraph (19) of subdivision (a) of Section 1502, as a group home pursuant to this chapter. A licensed private alternative boarding school shall comply with all provisions of this chapter that are applicable to group homes, unless otherwise indicated, and with this section.
(b)
A licensed private alternative boarding school shall comply with all of the following:
(1)
It shall be owned and operated on a nonprofit basis by a private nonprofit corporation or a nonprofit organization.
(2)
It shall prepare and maintain a current
written plan of operation, as defined by the department.
(3)
It shall offer 24-hour, nonmedical care and supervision to youth who voluntarily consent to being admitted to the program and who are voluntarily admitted by his or her parent or legal guardian.
(4)
(A)
It shall not admit a child younger than 12 years of age.
(B)
It shall 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 licensed health facility and the State Department of Health Care Services has certified the facility as a program that meets the standards to provide mental health treatment services for a child having a serious emotional disturbance, as set forth in Section 4096.5 of the Welfare and Institutions Code.
(5)
It shall 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. If it advertises or promotes special care, programming, or environments for persons with behavioral, emotional, or social challenges, the written description shall include how its programs and services are intended to achieve the advertised or promoted claims.
(6)
It shall 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.
(7)
It shall not use secure containment or manual or mechanical restraints.
(8)
If it offers access to,
or holds itself out as offering access to, mental health services, it shall ensure that those services are provided by a licensed mental health provider.
(9)
If it advertises or includes in its marketing materials reference to providing alcohol or substance abuse treatment, it shall ensure that the treatment is provided by a licensed or certified alcoholism or drug abuse recovery or treatment facility.
(c)
A private alternative boarding school shall submit a staff training plan to the department as part of its plan of operation. In addition to the training required of group home staff, the staff training plan shall include, but not be limited to, training in all of the following subject areas:
(1)
Youth rights, as described in subdivision (d).
(2)
Physical and psychosocial needs of youth.
(3)
Appropriate responses to emergencies, including an emergency intervention plan.
(4)
Cultural competency and sensitivity in issues relating to the lesbian, gay, bisexual, and transgender communities.
(5)
Laws pertaining to residential care facilities for youth.
(d)
(1)
A youth admitted to a licensed private alternative boarding school shall be accorded the following rights and any other rights adopted by the department in regulations, a list of which shall be publicly posted and accessible to youth. The personal rights enumerated in Section 84072 of Title 22 of the California Code of Regulations shall not apply.
(A)
To be accorded dignity in his or her personal relationships with staff, youth, and other persons.
(B)
To live in a safe, healthy, and comfortable environment where he or she is treated with respect.
(C)
To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
(D)
To be granted a reasonable level of personal privacy in accommodations, personal care and assistance, and visits.
(E)
To confidential care of his or her records and personal information, and to approve release of those records before release, except as otherwise authorized or required by law.
(F)
To care, supervision, and services that meet his or her individual needs and that are
delivered by staff who are sufficient in numbers, qualifications, and competency to meet his or her needs and ensure his or her safety.
(G)
To be served food and beverages of the quality and in the quantity necessary to meet his or her nutritional and physical needs.
(H)
(i)
To present grievances and recommend changes in policies, procedures, and services to the facility’s staff, management, and governing authority, or any other person without restraint, coercion, discrimination, reprisal, or other retaliatory actions.
(ii)
To have the licensee take prompt actions to respond to grievances presented pursuant to clause (i).
(I)
To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private
telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
(J)
To be fully informed, as evidenced by the youth’s written acknowledgment, before, or at the time of, admission at the facility, of all the rules governing the youth’s conduct and responsibilities.
(K)
To receive in the admission agreement information that details the planned programs and services for the youth.
(L)
To have his or her parents or legal guardians remove him or her from the facility.
(M)
To consent to have visitors or telephone calls during reasonable hours, privately and without prior notice, if 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.
(N)
To be free of corporal punishment, physical restraints of any kind, and deprivation of basic necessities, including education, as a punishment, deterrent, or incentive.
(O)
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.
(P)
To be free from acts that seek to change his or her sexual orientation, including efforts to change his or her gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.
(Q)
To have fair and equal access to all available services, placement, care, treatment, and benefits and to
not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(R)
To be free from abusive, humiliating, degrading, or traumatizing actions.
(2)
Paragraph (1) shall not be interpreted to require a licensed private alternative boarding school to take any action that would impair the health or safety of youth in the facility.
(e)
(1)
A licensed private alternative boarding school is not an eligible placement option pursuant to Section 319, 361.2, 450, or 727 of the Welfare and Institutions Code.
(2)
A licensed private alternative boarding school
shall not be eligible for a rate pursuant to Section 11462 of the Welfare and Institutions Code.
(f)
This section does not apply 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.
(g)
(1)
On or before January 1, 2018, the department shall adopt regulations to implement this section, in consultation with interested parties, including representatives of private alternative boarding schools, former residents of private alternative boarding schools, and advocates for youth. Until regulations are adopted and become effective pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), a private alternative boarding school shall be governed by the regulations applicable to group homes in Chapter 5 (commencing with Section 84000) of Division 6 of Title 22 of the California Code of Regulations.
(2)
The department may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
(h)
A private alternative boarding school operating before January 1, 2018, shall comply with licensing requirements on or before July 1, 2018.
(i)
For the
purpose of this section, “youth” means a person who is 12 to 17 years of age, inclusive, or a person who is 18 years of age if he or she is completing high school or its equivalent.
Cal. Health and Safety Code - HSC § 1502.3. Section 1502.3.
For purposes of this chapter, a “community care facility,” pursuant to Section 1502, includes a transitional shelter care facility. A “transitional shelter care facility” means a short-term residential care program that meets all of the following requirements:
(a)
It is owned by the county, and operated by the county or by a private nonprofit organization under contract to the county.
(b)
It is a group care facility that provides for 24-hour nonmedical care of children 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)
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, “abuse or neglect” means the same as defined in Section 300 of the Welfare and Institutions Code. For purposes of this subdivision, “wards of the court” means the same as defined in Section 602 of the Welfare and Institutions Code. For purposes of this subdivision, “seriously emotionally disturbed children” means the same as defined in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(d)
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 may be present in combination, including: threatening, aggressive, suicide, runaway or destructive behaviors and behaviors as defined in Section 5600.3 of the Welfare and Institutions Code.
(e)
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)
The licensee shall not discharge any 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)
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.
Cal. Health and Safety Code - HSC § 1502.4. Section 1502.4.
(a)
A licensed short-term residential therapeutic program, as defined in paragraph (18) of subdivision (a) of Section 1502, may only accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement in a short-term residential therapeutic program.
(b)
For the purposes of this chapter, the following definitions shall apply:
(1)
“Health facility” has the meaning set forth in Section 1250.
(2)
“Seriously emotionally disturbed” has
the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(c)
The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(d)
This section shall become operative on January 1, 2017.
Cal. Health and Safety Code - HSC § 1502.5. Section 1502.5.
Notwithstanding Section 1502, residential care facilities for the elderly, as defined in Section 1569.2, shall not be considered community care facilities and shall be subject only to the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)).
Cal. Health and Safety Code - HSC § 1502.6. Section 1502.6.
The department shall deny a private adoption agency a license, or revoke an existing private adoption agency license, unless the applicant or licensee demonstrates that it currently and continuously employs either an executive director or a supervisor who has had at least five years of full-time social work employment in the field of child welfare as described in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9 of the Welfare and Institutions Code or Division 13 (commencing with Section 8500) of the Family Code, two years of which shall have been spent performing adoption social work services in either the department or a licensed California adoption agency.
Cal. Health and Safety Code - HSC § 1502.7. Section 1502.7.
(a)
On or before July 1, 2012, the department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of tribes, shall revise regulations regarding health and safety standards for licensing foster family homes and community care facilities in which nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, of the juvenile court are placed under the responsibility of the county welfare
or probation department or an Indian tribe that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code.
(b)
The regulations shall recognize the status of nonminor dependents as legal adults. At a minimum, the regulations shall provide both of the following:
(1)
That nonminors described in subdivision (a) shall have the greatest amount of freedom that will safely prepare them for self-sufficiency.
(2)
That nonminors described in subdivision (a) in a community care facility shall not be subject to criminal background clearances pursuant to Sections 1522 and 1522.1, for the purposes of facility licensing.
(c)
Notwithstanding the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, the department shall, in consultation with the stakeholders listed in subdivision (a), prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect
for no more than 180 days.
Cal. Health and Safety Code - HSC § 1502.8. Section 1502.8.
The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code.
Cal. Health and Safety Code - HSC § 1502.21. Section 1502.21.
(a)
Commencing January 1, 2019, the department shall license private alternative outdoor programs, as defined in paragraph (20) of subdivision (a) of Section 1502, as a group home pursuant to this chapter. A private alternative outdoor program shall comply with the provisions of this chapter that are applicable to group homes, unless otherwise indicated, and with this section.
(b)
A licensed private alternative outdoor program shall comply with all of the following:
(1)
It shall be owned and operated on a nonprofit basis by a private nonprofit corporation or a nonprofit organization.
(2)
It shall prepare and maintain a current, written
plan of operation, as defined by the department.
(3)
It shall offer 24-hour, nonmedical care and supervision to youth who voluntarily consent to being admitted to the program and who are voluntarily admitted by his or her parent or legal guardian.
(4)
It shall have a ratio of one staff person to every four youths.
(5)
(A)
It shall not admit a child who is younger than 12 years of age.
(B)
It shall 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 licensed health facility and the State Department of Health Care Services has certified the program as a program that meets the standards to provide mental health treatment
services for a child having a serious emotional disturbance, as set forth in Section 4096.5 of the Welfare and Institutions Code.
(6)
It shall 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. If it advertises or promotes special care, programming, or environments for persons with behavioral, emotional, or social challenges, the written description shall include how its programs and services are intended to achieve the advertised or promoted claims.
(7)
It shall ensure that all individuals providing behavioral-based services to youth in the program are licensed or certified by the appropriate agency, department, or accrediting body, as specified by the department in regulation.
(8)
It shall not use secure
containment or manual or mechanical restraints.
(9)
If it offers access to, or holds itself out as offering access to, mental health services, it shall ensure that those services are provided by a licensed mental health provider.
(10)
If it advertises or includes in its marketing materials reference to providing alcohol or substance abuse treatment, it shall ensure that the treatment is provided by a licensed or certified alcoholism or drug abuse recovery or treatment facility.
(c)
(1)
In addition to the training required of group home staff by department regulations, a staff member of a licensed private alternative outdoor program who supervises youth shall receive an additional number of hours of initial and annual training, to be determined by the department in regulations developed in
consultation with stakeholders.
(2)
A private alternative outdoor program shall submit a staff training plan to the department as part of its plan of operation. The staff training plan shall provide for the number of additional initial and annual training hours required by paragraph (1) and shall include, but not be limited to, training in all of the following subject areas:
(A)
Youth rights, as described in subdivision (d).
(B)
Physical and psychosocial needs of youth.
(C)
Appropriate responses to emergencies, including an emergency intervention plan.
(D)
Cultural competency and sensitivity in issues relating to the lesbian, gay, bisexual, and transgender communities.
(E)
Laws pertaining to residential care facilities for youth.
(F)
Low-impact camping.
(G)
Navigation skills.
(H)
Water, food, and shelter procurement.
(I)
Recognition of poisonous plants.
(J)
Wilderness first aid.
(K)
Health issues related to acclimation and exposure.
(L)
Report writing and log maintenance.
(d)
(1)
A youth admitted to a licensed private alternative outdoor program shall be accorded the following
rights and any other rights adopted by the department by regulation, a list of which shall be publicly posted and accessible to youth. The personal rights enumerated in Section 84072 of Title 22 of the California Code of Regulations shall not apply.
(A)
To be accorded dignity in his or her personal relationships with staff, youth, and other persons.
(B)
To live in a safe, healthy, and comfortable environment where he or she is treated with respect.
(C)
To be free from physical, sexual, emotional, or other abuse, or corporal punishment.
(D)
To be granted a reasonable level of personal privacy in accommodations, personal care and assistance, and visits.
(E)
To confidential care of his or her
records and personal information, and to approve release of those records before release, except as otherwise authorized or required by law.
(F)
To care, supervision, and services that meet his or her individual needs and that are delivered by staff who are sufficient in numbers, qualifications, and competency to meet his or her needs and ensure his or her safety.
(G)
To be served food and beverages of the quality and in the quantity necessary to meet his or her nutritional and physical needs.
(H)
(i)
To present grievances and recommend changes in policies, procedures, and services to the program’s staff, management, and governing authority, or any other person without restraint, coercion, discrimination, reprisal, or other retaliatory actions.
(ii)
To have the licensee take prompt actions to respond to grievances presented pursuant to clause (i).
(I)
To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
(J)
To be fully informed, as evidenced by the youth’s written acknowledgment, before, or at the time of, admission in the program, of all the rules governing the youth’s conduct and responsibilities.
(K)
To receive in the admission agreement information that details the planned programs and services for the youth.
(L)
To have his or her parents or legal guardians remove him
or her from the program.
(M)
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.
(N)
To be free of corporal punishment, physical restraints of any kind, and deprivation of basic necessities, including education, as a punishment, deterrent, or incentive.
(O)
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.
(P)
To be free from acts that seek to change his or her sexual
orientation, including efforts to change his or her gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.
(Q)
To have fair and equal access to all available services, placement, care, treatment, and benefits and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(R)
To be free from abusive, humiliating, degrading, or traumatizing actions.
(2)
Paragraph (1) shall not be interpreted to require a licensed private alternative outdoor program to take any action that would impair the health or safety of youth in the program.
(e)
(1)
A licensed private alternative outdoor program is not an eligible placement option pursuant to Section 319, 361.2, 450, or 727 of the Welfare and Institutions Code.
(2)
A licensed private alternative outdoor program shall not be eligible for a rate pursuant to Section 11462 of the Welfare and Institutions Code.
(f)
This section does not apply to programs operated, licensed, or certified by the Department of Corrections and Rehabilitation and its Division of Juvenile Justice, the California Conservation Corps, or the Military Department, programs operated by any governmental entity, any organized camp as defined in Section 18897, 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, or other similar organizations, or any camp exclusively serving children with a medical diagnosis for a physical condition or illness, including, but not limited to, cancer, muscular dystrophy, or burn injuries.
(g)
(1)
On or before January 1, 2019, the department shall adopt regulations to implement this section in consultation with interested parties, including representatives of private alternative outdoor programs, former participants in private alternative outdoor programs, and advocates for youth. Regulations adopted pursuant to this section shall be contained in the regulations applicable to group homes in Chapter 5 (commencing with Section 84000) of Division 6 of Title 22 of the California Code of Regulations.
(2)
The department may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a
regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
(h)
A private alternative outdoor program operating before January 1, 2019, shall comply with licensing requirements on or before July 1, 2019.
(i)
For the purpose of this section, “youth” means a person who is 12 to 17 years of age, inclusive, or a person who is 18 years of age if he or she is completing high school or its equivalent.
Cal. Health and Safety Code - HSC § 1502.35. Section 1502.35.
(a)
The department shall license a youth homelessness prevention center as a group home pursuant to this section. A youth homelessness prevention center shall meet all of the following requirements:
(1)
The center shall offer short-term, 24-hour, nonmedical care and supervision and personal services to youth who voluntarily enter the center. As used in this paragraph, “short-term” means no more than 90 consecutive days from the date of admission.
(2)
The center shall serve homeless youth, youth at risk of homelessness, youth exhibiting status offender behavior, and runaway youth.
(A)
“Homeless youth” means a youth 12 to 17 years of age,
inclusive, or 18 years of age if the youth is completing high school or its equivalent, who is in need of services and without a place of shelter.
(B)
“Runaway youth” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, who absents themself from home or place of legal residence without the permission of their family, legal guardian, or foster parent.
(C)
“Youth at risk of homelessness” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, to whom one or more of the following circumstances apply:
(i)
Identification as lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQ).
(ii)
Financial stress,
including, but not limited to, stress due to their own or family loss of income, low income, gambling, or change of family circumstances.
(iii)
Housing affordability stress or housing crisis, including, but not limited to, pending evictions or foreclosures of the current home, or rental or mortgage arrears.
(iv)
Inadequate or inappropriate dwelling conditions, including, but not limited to, accommodations that are unsafe, unsuitable, or overcrowded.
(v)
Loss of previous housing accommodation.
(vi)
Relationship or family breakdown.
(vii)
Child abuse, neglect, or living in an environment where children are at risk of child abuse or neglect.
(viii)
Sexual abuse.
(ix)
Domestic or family violence.
(x)
Nonfamily violence.
(xi)
Mental health issues or other health problems.
(xii)
Problematic alcohol, drug, or substance use.
(xiii)
Employment difficulties or unemployment.
(xiv)
Problematic gambling.
(xv)
Transitions from custodial and care arrangements, including, but not limited to, out-of-home care, independent living arrangements for children under 18 years of age, or health and mental health care facilities or programs.
(xvi)
Discrimination, including, but not limited to, racial discrimination.
(xvii)
Disengagement with school or other education and training.
(xviii)
Involvement in, or exposure to, criminal activities.
(xix)
Antisocial behavior.
(xx)
Lack of family or community support.
(xxi)
Staying in boarding housing for 12 weeks or more without security of tenure.
(D)
“Youth exhibiting status offender behavior” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, who persistently or habitually refuses to
obey the reasonable and proper orders or directions of their parents, guardian, or custodian, or who is beyond the control of that person, or who violates an ordinance of a city or county establishing a curfew based solely on age.
(3)
The center shall have a maximum capacity of 25 youths.
(4)
The center shall have a ratio of one staff person to every eight youths. For purposes of this paragraph, a volunteer may be counted in the staff-to-youth ratio if the volunteer has satisfied the same training requirements as a paid center staff member and other requirements set forth in regulations, and a paid center staff member is present during the time the volunteer is on duty.
(5)
Bunk beds may be permitted in the center, but shall not consist of more than two tiers.
(6)
The center shall be owned and operated on a nonprofit basis by a private nonprofit corporation, a nonprofit organization, or a public agency.
(b)
Center staff shall, prior to admission into the center, determine if a youth poses a threat to self or others in the center. A youth may not be admitted into the center if it is determined that the youth poses such a threat.
(c)
An assessment shall not be required for admission, but center staff shall assess youth served within 72 hours of admission to the center.
(d)
Center staff shall assist youth served in obtaining emergency health-related services.
(e)
The center shall establish procedures to assist youth in securing long-term stability that
includes all of the following:
(1)
Reconnecting the youth with their family, legal guardian, or nonrelative extended family members when possible to do so.
(2)
Coordinating with appropriate individuals, local government agencies, or organizations to help foster youth secure a suitable foster care placement.
(f)
The center shall ensure all youth at the center have fair and equal access to services, care, and treatment provided by the center, and are not subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(g)
Prior to employment or interaction with youth at a youth
homelessness prevention center, all persons specified in subdivision (b) of Section 1522 shall complete a criminal record review pursuant to Section 1522 and a Child Abuse Central Index check pursuant to Section 1522.1.
(h)
A youth homelessness prevention center shall collect and maintain all of the following information in a monthly report, in a format specified by the department, and make the report available to the department upon request:
(1)
Total number of youth served per month.
(2)
Age of each youth served.
(3)
Length of stay of each youth served.
(4)
Number of times a youth accesses the center and services at the center.
(i)
Notwithstanding Section 1522.43, the department shall not require a youth homelessness prevention center to maintain a needs and services plan, as defined in Section 84001 of Title 22 of the California Code of Regulations, for a youth served. This subdivision does not preclude the department from requiring a youth homelessness prevention center to maintain an assessment, as defined by the department, for youths served.
(j)
The department may license a center pursuant to this section if the center is operating in two physical locations on or before January 1, 2013, with only one physical location providing overnight residential care, and the center meets the requirements of this section. If a center described in this subdivision is licensed pursuant to this section, the department shall permit the center to retain its two physical locations and issue a license for each physical location.
(k)
A youth homelessness prevention center is not an eligible placement option pursuant to Sections 319, 361.2, 450, and 727 of the Welfare and Institutions Code.
(l)
A youth homelessness prevention center’s program shall not be eligible for a rate pursuant to Section 11462 of the Welfare and Institutions Code. This does not preclude a center from receiving reimbursement for providing services to a foster youth, as may be provided at the discretion of a county.
(m)
The department shall adopt regulations to implement this section, in consultation with interested parties, including representatives of provider organizations that serve homeless or runaway youth. The regulations developed pursuant to this subdivision shall be contained in the regulations for group homes found in Chapter 5 (commencing with Section 84000) of
Division 6 of Title 22 of the California Code of Regulations.
(n)
Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement the applicable provisions of this section by publishing information releases or similar instructions from the director until the regulations adopted by the department pursuant to subdivision (m) become effective.
Cal. Health and Safety Code - HSC § 1502.45. Section 1502.45.
(a)
(1)
Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may only accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility, as defined in Section 1250.
(2)
For the purpose of this section, the following definitions shall apply:
(A)
“Health facility” has the meaning set forth in Section 1250.
(B)
“Seriously emotionally disturbed” has the same
meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)
If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)
The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)
An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as
defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)
A licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code, if the child is privately placed or only county funded.
(2)
The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)
The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
Cal. Health and Safety Code - HSC § 1503. Section 1503.
As used in this chapter, “license” means a basic permit to operate a community care facility.
A license shall not be transferable.
Cal. Health and Safety Code - HSC § 1503.1. Section 1503.1.
(a)
An adoption agency is subject to licensure and regulation by the department and shall comply with both of the following requirements:
(1)
Meet applicable licensing standards as set forth in this chapter, comply with the rules, regulations, and interim licensing standards adopted pursuant to this chapter, and comply with all other applicable laws to maintain licensure.
(2)
Comply with Division 13 (commencing with Section 8500) of the Family Code, and all regulations promulgated pursuant to those provisions.
(b)
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters, written directives, interim licensing standards, or similar written instructions from the department until regulations are adopted. These all-county letters, written directives, interim licensing standards, or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
Cal. Health and Safety Code - HSC § 1503.2. Section 1503.2.
Every facility licensed or certified pursuant to this chapter shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections.
Cal. Health and Safety Code - HSC § 1503.5. Section 1503.5.
(a)
A facility shall be deemed to be an “unlicensed community care facility” and “maintained and operated to provide nonmedical care” if it is unlicensed and not exempt from licensure and any one of the following conditions is satisfied:
(1)
The facility is providing care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.
(2)
The facility is held out as or represented as providing care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.
(3)
The facility accepts or retains residents who
demonstrate the need for care or supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter.
(4)
The facility represents itself as a licensed community care facility.
(5)
The facility is performing any of the functions of a foster family agency or holding itself out as a foster family agency.
(6)
The facility is performing any of the functions of an adoption agency or holding itself out as performing any of the functions of an adoption agency as specified in paragraphs (9) and (10) of subdivision (a) of Section 1502, or any of the functions described in Section 8521, Section 8533, or subdivision (b) of Section 8900.5 of the Family Code.
(b)
No unlicensed community care facility, as defined in subdivision (a), shall operate in this state.
(c)
Upon discovery of an unlicensed community care facility, the department shall refer residents to the appropriate local or state ombudsman, or placement, adult protective services, or child protective services agency if either of the following conditions exist:
(1)
There is an immediate threat to the clients’ health
and safety.
(2)
The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license.
Cal. Health and Safety Code - HSC § 1504. Section 1504.
As used in this chapter, “special permit” means a permit issued by the state department authorizing a community care facility to offer specialized services as designated by the director in regulations.
A special permit shall not be transferable.
Cal. Health and Safety Code - HSC § 1504.5. Section 1504.5.
(a)
(1)
This chapter does not apply to any independent living arrangement or supportive housing, described in paragraph (2) of subdivision (c), for individuals with disabilities who are receiving community living support services, as described in paragraph (1) of subdivision (c).
(2)
This section does not affect the provisions of Section 1503.5 or 1505.
(3)
Community living support services described in paragraph (1) of subdivision (c) do not constitute care or supervision.
(b)
(1)
The
Legislature finds and declares that there is an urgent need to increase the access to supportive housing, as described in paragraph (2) of subdivision (c), and to foster community living support services, as described in paragraph (1) of subdivision (c), as an effective and cost-efficient method of serving persons with disabilities who wish to live independently and to avoid institutionalization.
(2)
It is the intent of the Legislature that persons with disabilities be permitted to do both of the following:
(A)
Receive one or more community living support services in the least restrictive setting possible, such as in a person’s private home or supportive housing residence.
(B)
Voluntarily choose to receive support
services in obtaining and maintaining supportive housing.
(3)
It is the intent of the Legislature that community living support services, as described in paragraph (1) of subdivision (c), enable persons with disabilities to live more independently in the community for long periods of time.
(c)
(1)
“Community living support services,” for purposes of this section, are voluntary and chosen by persons with disabilities in accordance with their preferences and goals for independent living. “Community living support services” may include, but are not limited to, any of the following:
(A)
Supports that are designed to develop and improve independent living and problem solving skills.
(B)
Education and training in meal planning and shopping, budgeting and managing finances, medication self-management, transportation, vocational and educational development, and the appropriate use of community resources and leisure activities.
(C)
Assistance with arrangements to meet the individual’s basic needs such as financial benefits, food, clothing, household goods, and housing, and locating and scheduling for appropriate medical, dental, and vision benefits and care.
(D)
When needed, assistance with independent activities of daily living or personal care.
(2)
“Supportive housing,” for purposes of this section, is rental housing that has all of the
following characteristics:
(A)
It is affordable to people with disabilities.
(B)
It is independent housing in which each tenant meets all of the following conditions:
(i)
Holds a lease or rental agreement in their own name and is responsible for paying their own rent.
(ii)
Has their own room or apartment and is individually responsible for arranging any shared tenancy.
(C)
It is permanent, wherein each tenant may stay as long as they pay their share of rent and comply with the terms of their lease.
(D)
It is tenancy housing under
which supportive housing providers are required to comply with applicable state and federal laws governing the landlord-tenant relationship.
(E)
Participation in services or any particular type of service is not required as a condition of tenancy.
(d)
Counties or the state may contract with agencies or individuals to assist persons with disabilities in securing their own homes and to provide persons with disabilities with the supports needed to live in their own homes, including supportive housing.
(e)
For purposes of this section and notwithstanding any other provision of law, an individual with disabilities may contract for the provision of any of the community support services specified in paragraph (1) of subdivision (c) in
the individual’s own home including supportive housing, as part of that individual’s service, care, or independent living plan, only through a government funded program or a private health or disability insurance plan.
(f)
An individual’s receipt of community living support services as defined in paragraph (1) of subdivision (c) shall not be construed to mean that the individual requires care or supervision or is receiving care or supervision.
Cal. Health and Safety Code - HSC § 1505. Section 1505.
This chapter does not apply to any of the following:
(a)
A health facility, as defined by Section 1250.
(b)
A clinic, as defined by Section 1200.
(c)
A juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or any juvenile hall operated by a county.
(d)
A place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code.
(e)
A child day care facility, as defined in Section 1596.750.
(f)
(1)
A facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend solely upon prayer or spiritual means for healing in the practice of the religion of the church or denomination.
(2)
A private alternative boarding school or private alternative outdoor program, as defined in subdivision (a) of Section 1502, that uses prayer or spiritual means as a component of its programming or services in addition to behavioral-based services is subject to licensure under this chapter.
(g)
A school dormitory or similar facility determined by the department, except a private alternative boarding school or private alternative outdoor program, as defined in subdivision (a) of Section
1502.
(h)
A house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care, as determined by the department.
(i)
A recovery house or other similar facility that provides group living arrangements for adults recovering from alcoholism or drug addiction and that does not provide care or supervision.
(j)
An alcoholism or drug abuse recovery or treatment facility as defined in Section 11834.02.
(k)
An arrangement for the receiving and care of persons by a relative or an arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for
financial profit and occurs only occasionally and irregularly, as defined by regulations of the department. For purposes of this chapter, arrangements for the receiving and care of persons by a relative include relatives of the child for the purpose of keeping sibling groups together.
(
l
)
(1)
A home of a relative caregiver of children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code.
(2)
A home of a nonrelative extended family member, as described in Section 362.7 of the Welfare and Institutions Code, providing care to children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of
Section 309 of the Welfare and Institutions Code.
(3)
On and after January 1, 2012, any supervised independent living placement for nonminor dependents, as defined in subdivision (w) of Section 11400 of the Welfare and Institutions Code, who are placed by the juvenile court, supervised by the county welfare department, probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code, and whose placement is approved pursuant to subdivision (k) of Section 11400 of the Welfare and Institutions Code.
(4)
A transitional living setting, as described in paragraph (4) of subdivision (x) of Section 11400 of the Welfare and Institutions Code.
(5)
A Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, that serves only eligible former foster youth over 18 years of age who have exited from the foster care system on or after their 18th birthday, and that has obtained certification from the applicable county in accordance with subdivision (c) of Section 16522 of the Welfare and Institutions Code.
(m)
A supported living arrangement for individuals with developmental disabilities, as defined in Section 4689 of the Welfare and Institutions Code.
(n)
(1)
A family home agency, family home, or family teaching home, as defined in Section 4689.1 of the Welfare and Institutions Code, that is vendored by the State Department of Developmental Services and that does any of the following:
(A)
As a family home approved by a family home agency, provides 24-hour care for one or two adults with developmental disabilities in the residence of the family home provider or providers and the family home provider or providers’ family, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health.
(B)
As a family teaching home approved by a family home agency, provides 24-hour care for a maximum of three adults with developmental disabilities in
independent residences, whether contiguous or attached, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health.
(C)
As a family home agency, engages in recruiting, approving, and providing support to family homes.
(2)
This subdivision does not establish by implication either a family home agency or family home licensing category.
(o)
A facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (Chapter 21 (commencing with Section 1901) of Title 25 of the United States Code) are placed and that is one of the following:
(1)
An extended family
member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code.
(2)
A foster home that is licensed, approved, or specified by the Indian child’s tribe pursuant to Section 1915 of Title 25 of the United States Code.
(p)
(1)
(A)
Housing occupied by elderly or disabled persons, or both, that is initially approved and operated under a regulatory agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), or that receives mortgage assistance pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or whose mortgage is insured pursuant to Section 221d(3) of Public Law 87-70 (12 U.S.C. Sec. 1715
l
), where supportive services are made available to residents at their option, as long as the project owner or operator does
not contract for or provide the supportive services.
(B)
Housing that qualifies for a low-income housing credit pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to Section 8 of Public Law 93-383 (42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled persons, or both, where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services.
(2)
The project owner or operator to which paragraph (1) applies may coordinate, or help residents gain access to, the supportive services, either directly, or through a service coordinator.
(q)
A resource family, as defined in Section 16519.5 of the Welfare and
Institutions Code, that has been approved by a county child welfare department or probation department.
(r)
A home approved by a licensed private adoption agency pursuant to Section 8704.5 of the Family Code, for the placement of a nondependent child who is relinquished for adoption to the adoption agency.
(s)
An occasional short-term babysitter, as described in Section 362.04 of the Welfare and Institutions Code.
(t)
An alternative caregiver, except as specified in Section 16501.02 of the Welfare and Institutions Code.
(u)
Except as specified in subdivision (b) of Section 16501.01 of the Welfare and Institutions Code, a respite care provider certified by a county.
(v)
An adoption service
provider, as defined in Section 8502 of the Family Code, except a licensed private adoption agency as specified in paragraph (1) of subdivision (a) of that section.
(w)
A county adoption agency as defined in Section 8513 of the Family Code.
(x)
Any similar facility determined by the department.
Cal. Health and Safety Code - HSC § 1505.5. Section 1505.5.
(a)
The director shall adopt regulations authorizing residential facilities, as defined in Section 1502, to fill unused capacity on a short-term, time-limited basis to provide temporary respite care for persons who are frail and elderly, adults with functional impairments, and persons with mental health disorders who need 24-hour supervision and who are being cared for by a caretaker or caretakers. The regulations shall address provisions for liability coverage and the level of facility responsibility for routine medical care and medication management, and may require screening of persons to determine the level of care required, a physical history completed by the person’s personal physician, and other alternative admission criteria to protect the health and safety of persons applying for
respite care. The regulations shall permit these facilities to charge a fee for services provided, which shall include, but not be limited to, supervision, room, leisure activities, and meals.
(b)
No facility shall accept persons in need of care beyond the level of care for which that facility is licensed.
Cal. Health and Safety Code - HSC § 1506. Section 1506.
(a)
(1)
A foster family agency may use only a certified family home or a resource family that has been certified or approved by that agency or, pursuant to Section 1506.5, a licensed foster family home or a county-approved resource family approved for this use by the county.
(2)
A home selected and certified or approved for the reception and care of children by a foster family agency is not subject to Section 1508. A certified family home or a resource family of a foster family agency shall not be licensed as a residential facility.
(3)
A child with a developmental disability who is placed in a certified family
home or with a resource family by a foster family agency that is operating under agreement with the regional center responsible for that child may remain in the certified family home or with the resource family after 18 years of age. The determination regarding whether and how long the resident may remain as a resident after 18 years of age shall be made through the agreement of all parties involved, including the resident, the certified parent or resource family, the foster family agency social worker, the resident’s regional center case manager, and the resident’s parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the child’s needs to ensure continued compatibility with the other children in placement. The needs and service plan shall be completed no more than six months before the child’s 18th birthday.
The assessment shall be documented and maintained in the child’s file with the foster family agency.
(4)
(A)
A certified family home or resource family of a foster family agency may be concurrently certified as a host family pursuant to Section 1559.110 if the home is certified by the same private, nonprofit organization licensed to operate as a transitional housing placement provider and foster family agency.
(B)
A transitional housing placement provider, as described in subparagraph (B) of paragraph (1) of subdivision (d) of Section 1559.110, may provide supportive services to a nonminor dependent placed in a certified family home or resource family of a foster family agency if that provider signs a memorandum of understanding (MOU) with the foster family
agency. The MOU shall contain both of the following:
(i)
The contact information for both entities.
(ii)
A description of each entities’ requirements and responsibilities for each child and nonminor dependent in the home.
(C)
Notwithstanding subdivision (c) of Section 1559.110, a host family certified pursuant to subparagraph (A) shall comply with the laws applicable to a certified family home or resource family, as determined by the department, for each participant placed with the host family.
(b)
(1)
A foster family agency shall certify to the department that the certified family home has met the department’s licensing standards. A
foster family agency may require a certified family home to meet additional standards or be compatible with its treatment approach.
(2)
The foster family agency shall issue a certificate of approval to the certified family home upon its determination that it has met the standards established by the department and before the placement of any child in the home. The certificate shall be valid for a period not to exceed one year. The annual recertification shall require a certified family home to complete at least eight hours of structured applicable training or continuing education. At least one hour of training during the first six months following initial certification shall be dedicated to meeting the requirements of paragraph (1) of subdivision (b) of Section 11174.1 of the Penal Code.
(3)
If the agency determines that the home no longer meets the standards, the agency shall notify the department and the local placing agency.
(4)
This subdivision applies to foster family agencies only until December 31, 2019, in accordance with Section 1517.
(c)
As used in this chapter, “certified family home” means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
(d)
(1)
A foster family agency shall not accept applications to certify foster homes and shall instead approve resource families pursuant to Section
1517.
(2)
(A)
A foster family agency that chooses not to approve resource families shall not recruit any new applicants, but may continue to coordinate with county placing agencies to find homes for foster children with its existing certified family homes, as authorized by the department.
(B)
No later than July 1, 2017, a foster family agency described in subparagraph (A) shall notify, in addition to the notification required in paragraph (4) of subdivision (f) of Section 1517, its certified family homes that, in order to care for foster children after December 31, 2019, a certified family is required to submit an application for resource family approval to the county in which the home is located or to a foster family agency that approves resource families and
shall complete the approval process no later than December 31, 2019.
(e)
(1)
Social work personnel for a foster family agency shall have a master’s degree or higher from an accredited or state-approved graduate school in social work or social welfare, or equivalent education and experience, as determined by the department.
(2)
Persons who possess a master’s degree or higher from an accredited or state-approved graduate school in any of the following areas, or equivalent education and experience, as determined by the department, shall be considered to be qualified to perform social work activities in a foster family agency:
(A)
Marriage, family, and child counseling.
(B)
Child psychology.
(C)
Child development.
(D)
Counseling psychology.
(E)
Social psychology.
(F)
Clinical psychology.
(G)
Educational psychology, consistent with the scope of practice as described in Section 4989.14 of the Business and Professions Code.
(H)
Education, with emphasis on counseling.
(I)
An area that includes the core content areas required for licensure as a Licensed Professional Clinical Counselor,
as specified in Sections 4999.32 and 4999.33 of the Business and Professions Code.
(J)
A subject area that is functionally equivalent to those listed in subparagraphs (A) to (I), inclusive, as set forth by the department.
(f)
(1)
In addition to the degree specifications in subdivision (e), all of the following coursework and field practice or experience, as defined in departmental regulations, shall be required of all new hires for the position of social work personnel effective January 1, 1995:
(A)
At least three semester units of field practice at the master’s level or six months’ full-time equivalent experience in a public or private social service agency setting.
(B)
At least nine semester units of coursework related to human development or human behavior, or, within the first year of employment, experience working with children and families as a major responsibility of the position under the supervision of a supervising social worker.
(C)
At least three semester units in working with minority populations or six months of experience in working with minority populations or training in cultural competency and working with minority populations within the first six months of employment as a condition of employment.
(D)
At least three semester units in child welfare or at least six months of experience in a public or private child welfare social services setting for a
nonsupervisory social worker. A supervising social worker shall have two years’ experience in a public or private child welfare social services setting.
(2)
(A)
Persons who do not meet the requirements specified in subdivision (e) or this subdivision may apply for an exception as provided for in subdivisions (h) and (i).
(B)
Exceptions granted by the department before January 1, 1995, shall remain in effect.
(3)
(A)
Persons who are hired as social work personnel on or after January 1, 1995, who do not meet the requirements listed in this subdivision shall be required to successfully meet those requirements in order to be employed as social work personnel in a foster family
agency.
(B)
Employees who were hired before January 1, 1995, shall not be required to meet the requirements of this subdivision in order to remain employed as social work personnel in a foster family agency.
(4)
Coursework and field practice or experience completed to fulfill the degree requirements of subdivision (e) may be used to satisfy the requirements of this subdivision.
(g)
(1)
In addition to the degree specifications in subdivision (e) and the coursework and field practice or experience described in subdivision (f), social work personnel shall meet core competencies to participate in the assessment and evaluation of an applicant or resource family, as determined by the department in
written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(2)
(A)
A resource family home health and safety assessment may be completed by nonsocial work personnel that meet the requirements of subparagraph (C), if the assessment is reviewed and approved by a social worker.
(B)
The orientation of potential resource family applicants may be completed by nonsocial work personnel that meet the requirements of subparagraph (C).
(C)
Nonsocial work personnel completing an assessment or orientation pursuant to this paragraph shall have a minimum of a bachelor’s degree in social work, psychology, or a similar field, and experience and core competencies
necessary to competently participate in the resource family home health and safety assessment or the orientation of an applicant or resource family. The department shall consult with stakeholders to issue guidance that may include exceptions for when nonsocial work personnel have the background and experience to competently complete the assessment or orientation.
(h)
Individuals seeking an exception to the requirements of subdivision (e) or (f) based on completion of equivalent education and experience shall apply to the department by the process established by the department.
(i)
The department shall complete the process for the exception to minimum education and experience requirements described in subdivisions (e) and (f) within 30 days of receiving the exception application
of social work personnel or supervising social worker qualifications from the foster family agency.
(j)
For purposes of this section, “social work personnel” means supervising social workers and nonsupervisory social workers.
Cal. Health and Safety Code - HSC § 1506.1. Section 1506.1.
(a)
A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)
(1)
A foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code.
(2)
The following applies to a foster family agency licensed before January 1, 2017:
(A)
The foster family agency shall have until December 31, 2018, to obtain accreditation.
(B)
The foster family agency shall submit documentation of accreditation or application for accreditation to the department in a time and manner as determined by the department.
(C)
The foster family agency shall provide documentation to the department reporting its accreditation status as of January 1, 2018, and July 1, 2018, in a time and manner as determined by the department.
(3)
The following applies to a foster family agency licensed on or after January 1, 2017:
(A)
The foster family agency shall have up to 24 months from the date of licensure to obtain accreditation.
(B)
The foster family
agency applicant shall submit documentation of accreditation or application for accreditation with its application for licensure.
(C)
The foster family agency shall provide documentation to the department reporting its accreditation status at 12 months and at 18 months after the date of licensure.
(4)
This subdivision does not preclude the department from requesting additional information from the foster family agency regarding its accreditation status.
(5)
The department may revoke a foster family agency’s license pursuant to Article 5 (commencing with Section 1550) for failure to obtain accreditation within the timeframes specified in this subdivision.
(6)
The department may extend the date by which to comply with paragraph (2), as applicable, for up to one year upon the request of a foster family agency that has been vendored as a service provider by a regional center for persons with developmental disabilities. In determining whether to extend the date, the department shall consult with any county placement agency that places children with the foster family agency, the vendorizing regional center, and the State Department of Developmental Services.
(c)
On and after January 1, 2017, a foster family agency’s plan of operation shall include a program statement. The program statement shall contain a description of all of the following:
(1)
The core services and supports, as set forth in paragraph (5) of subdivision
(b) of Section 11463 of the Welfare and Institutions Code, and as prescribed by the department, to be offered to children and their families, as appropriate or as necessary.
(2)
The treatment practices that will be used in serving children and families.
(3)
The procedures for the development, implementation, and periodic updating of the needs and services plan for children placed with the foster family agency or served by the foster family agency, consistent with the case plans as developed by the county placing agency, that support the reasonable and prudent parent standard, as defined in Section 362.05 of the Welfare and Institutions Code, and procedures for collaborating with the child and family team, as described in paragraph (4) of subdivision (a) of Section 16501 of the
Welfare and Institutions Code, which includes, but is not limited to, a description of the services to be provided to meet the treatment needs of children assessed.
(4)
(A)
How the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 1517.
(B)
A foster family agency that chooses not to approve resource families pursuant to Section 1517 shall describe in the program statement the transition plan for its certified family homes to obtain resource family approval prior to December 31, 2019.
(5)
The population or populations to be served.
(6)
The ability to support the differing needs of
children and their families.
(7)
The plan for the supervision, evaluation, and training of staff. The training plan shall be appropriate to meet the needs of children, and it shall be consistent with the training provided to resource families as set forth in Section 16519.5 of the Welfare and Institutions Code.
(8)
The ability to provide or arrange for treatment services to meet the individual needs of children placed in certified family homes or with resource families, as specified in Section 11402 of the Welfare and Institutions Code.
(9)
The plan for the training, supervision, and support of resource families to meet the appropriate needs of children, consistent with the training requirements set forth in
Section 16519.5 of the Welfare and Institutions Code. To the extent possible, the foster family agency training plan for resource families shall be consistent with the training requirements set forth by the county child welfare placing agency.
(10)
The agency or agencies that the foster family agency has partnered with, either formally or informally, to provide additional supports and services to families and children during care and postpermanency.
(11)
The plan for participation in child and family teams and supporting the participation of the agency’s resource families in those teams, as appropriate.
(12)
If the foster family agency plans to operate as an intensive services foster care program, a description
of the program model and how the foster family agency will comply with the requirements set forth in Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code.
(13)
Any other information that may be prescribed by the department for the proper administration of this section.
(d)
In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict-of-interest mitigation plan, on and after January 1, 2017, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(e)
(1)
(A)
(i)
A foster family agency applicant shall submit an application to the department that includes a letter of recommendation in support of its program from a county placing agency.
(ii)
The letter of recommendation shall include a statement that the county placing agency reviewed the applicant’s program statement.
(iii)
If the letter of recommendation is not from the county in which the facility is located, the foster family agency applicant shall include with its application a statement that it provided the county in which the facility is located an opportunity for that county to review the program statement and notified that county that the facility has received a letter of recommendation from another county.
(B)
If the application does not contain a letter of recommendation as described in subparagraph (A), then the department shall cease review of the application. This paragraph does not constitute a denial of the application for purposes of Section 1526 or any other law.
(C)
A new letter of recommendation is not required when a foster family agency moves locations.
(2)
A foster family agency shall submit a copy of its program statement to all county placing agencies with which placements are coordinated or for which services are provided, including the county in which the facility is located, for optional review when the foster family agency updates its program statement.
(f)
The department shall have the
authority to inspect a foster family agency pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (d) of Section 11463 of the Welfare and Institutions Code.
Cal. Health and Safety Code - HSC § 1506.3. Section 1506.3.
(a)
A foster family agency shall employ one full-time social work supervisor for every eight social workers or fraction thereof in the agency.
(b)
A foster family agency shall employ one full-time social worker for every 18 children or fraction thereof in placement.
Cal. Health and Safety Code - HSC § 1506.5. Section 1506.5.
(a)
Foster family agencies shall not use foster family homes licensed by a county or resource families approved by a county without the approval of the licensing or approving county. When approval is granted, a written agreement between the foster family agency and the county shall specify the nature of administrative control and case management responsibility and the nature and number of the children to be served in the home.
(b)
Before a foster family agency may use a licensed foster family home it shall review and, with the exception of a new fingerprint clearance, qualify the home in accordance with Section 1506.
(c)
When approval is granted pursuant to
subdivision (a), and for the duration of the agreement permitting the foster family agency use of the licensed foster family home or county-approved resource family, no child shall be placed in that home except through the foster family agency.
(d)
Nothing in this section shall transfer or eliminate the responsibility of the placing agency for the care, custody, or control of the child. Nothing in this section shall relieve a foster family agency of its responsibilities for or on behalf of a child placed with it.
(e)
(1)
If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant previously was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3.01 (commencing
with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) and the prior license was revoked within the preceding two years, the foster family agency shall cease any further review of the application until two years have elapsed from the date of the revocation.
(2)
If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant previously was issued a certificate of approval by a foster family agency that was revoked by the department pursuant to subdivision (b) of Section 1534 within the preceding two years, the foster family agency shall cease any further review of the application until two years have elapsed from the date of the revocation.
(3)
If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant was excluded from a facility licensed by the department or from a certified family home pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the foster family agency shall cease any further review of the application unless the excluded person has been reinstated pursuant to Section 11522 of the Government Code by the department.
(4)
The cessation of review shall not constitute a denial of the application for purposes of subdivision (b) of Section 1534 or any other law.
(f)
(1)
If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review
process, that the applicant had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (e) and the application was denied within the last year, the foster family agency shall cease further review of the application as follows:
(A)
When the applicant petitioned for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial.
(B)
When the department informed the applicant of his or her right to petition for a hearing and the applicant did not petition for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.
(2)
The foster family agency may continue to review the application if the department has determined that the reasons for the denial of the application were due to circumstances and a condition that either have been corrected or are no longer in existence.
(3)
The cessation of review shall not constitute a denial of the application for purposes of subdivision (b) of Section 1534 or any other law.
(g)
(1)
If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (b) of Section 1534, the foster family agency shall cease further review of the application as
follows:
(A)
In cases where the applicant petitioned for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial.
(B)
In cases where the department informed the applicant of his or her right to petition for a hearing and the applicant did not petition for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.
(2)
The foster family agency may continue to review the application if the department has determined that the reasons for the denial of the application were due to circumstances and conditions that either have been corrected or are no
longer in existence.
(3)
The cessation of review shall not constitute a denial of the application for purposes of subdivision (b) of Section 1534 or any other law.
(h)
Subdivisions (e), (f), and (g) shall apply only to certified family home applications received on or before December 31, 2016, in accordance with Section 1517.
Cal. Health and Safety Code - HSC § 1506.6. Section 1506.6.
(a)
It is the intent of the Legislature that public and private efforts to recruit foster parents not be competitive and that the total number of foster parents be increased.
(b)
A foster family agency shall not certify a family home that is licensed by the department or a county. A licensed foster family home shall forfeit its license, pursuant to subdivision (b) of Section 1524, concurrent with final certification by the foster family agency. The department or a county shall not license a family home that is certified by a foster family agency. A certified family home shall forfeit its certificate concurrent with final licensing by the department or a county.
(c)
(1)
A licensed foster family home shall forfeit its license, pursuant to subdivision (b) of Section 1524, concurrent with resource family approval by a foster family agency or a county.
(2)
A certified family home shall forfeit its certificate of approval concurrent with resource family approval by a foster family agency, pursuant to subdivision (f) of Section 1517, or a county.
(3)
A resource family approved pursuant to Section 1517 shall forfeit its approval concurrent with resource family approval by another foster family agency or a county.
Cal. Health and Safety Code - HSC § 1506.7. Section 1506.7.
(a)
A foster family agency shall require the owner or operator of a family home applying for certification to sign an application that shall contain, but shall not be limited to, the following information:
(1)
Whether the applicant has been certified, and by which foster family agency.
(2)
Whether the applicant has been decertified, and by which foster family agency.
(3)
Whether a placement hold has been placed on the applicant by a foster family agency, and by which foster family agency.
(4)
Whether the applicant has been a foster home licensed by a county or by the state and, if so, by which county or state, or whether the applicant has been approved for relative placement by a county and, if so, by which county.
(b)
(1)
The application form signed by the owner or operator of the family home applying for certification shall contain notice to the applicant for certification that the foster family agency is required to check references of all foster family agencies that have previously certified the applicant and of all state or county licensing offices that have licensed the applicant as a foster parent, and that the signing of the application constitutes the authorization of the applicant for the foster family agency to conduct its check of references.
(2)
The application form signed by the owner or operator of the family home
applying for certification shall be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant. Any person who declares as true any material matter pursuant to this section that he or she knows to be false is guilty of a misdemeanor. The application shall include a statement that submitting false information is a violation of law punishable by incarceration, a fine, or both incarceration and a fine.
(c)
This section shall apply only to certified family home applications received on or before December 31, 2016, in accordance with Section 1517.
Cal. Health and Safety Code - HSC § 1506.8. Section 1506.8.
(a)
Before certifying a family home, a foster family agency shall contact any foster family agencies by whom an applicant has been previously certified and any state or county licensing offices that have licensed the applicant as a foster parent, and shall conduct a reference check as to the applicant.
(b)
This section shall apply only to certified family home applications received on or before December 31, 2016, in accordance with Section 1517.
Cal. Health and Safety Code - HSC § 1506.9. Section 1506.9.
(a)
No person shall incur civil liability as a result of providing the department with any of the following:
(1)
The foster family agency providing to the department a log of family homes certified and decertified.
(2)
The foster family agency notifying the department of its determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)
Violating licensing rules and regulations.
(B)
Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)
Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)
Being convicted of a crime while a certified family parent.
(E)
Knowingly allowing any child to have illegal drugs or alcohol.
(F)
Committing an act of child abuse or neglect or an act of violence against another person.
(b)
Neither the department, a foster family agency, or a county shall incur civil liability for providing a county or a foster family agency with information if the communication is for the purpose of aiding in the evaluation of an application for certification of a family home by a foster family agency or for licensure as a foster home or approval of a relative placement by a county or by the department.
Cal. Health and Safety Code - HSC § 1507. Section 1507.
(a)
Notwithstanding any other provision of law, incidental medical services may be provided in a community care facility. If the medical services constitute a substantial component of the services provided by the community care facility as defined by the director in regulations, the medical services component shall be approved as set forth in Chapter 1 (commencing with Section 1200) or Chapter 2 (commencing with Section 1250).
(b)
Notwithstanding any other provision of law, if the requirements of subdivision (c) are met, the department shall permit incidental medical services to be provided in community care facilities for adults by facility staff who are not licensed health care professionals but who are trained by a
licensed health care professional and supervised according to the client’s individualized health care plan prepared pursuant to subdivision (c). Incidental medical services provided by trained facility staff for the following conditions shall be limited as follows:
(1)
Colostomy and ileostomy: changing bags and cleaning stoma.
(2)
Urinary catheter: emptying bags in day care facilities; emptying and changing bags in residential facilities.
(3)
Gastrostomy: feeding, hydration, cleaning stoma, and adding medication per physician’s or nurse practitioner’s orders for the routine medication of patients with chronic, stable conditions.
(c)
Facility staff may provide incidental medical services if the following conditions have been met:
(1)
For regional center clients the following shall apply:
(A)
An individualized health care plan, which may be part of a client’s individual program plan, shall be prepared for each client by a health care team that shall include the client or his or her designee if the client is not able to participate in planning his or her health care, the client’s primary care physician or nurse practitioner or other health care professional designated by the physician or nurse practitioner, the licensee or licensee’s designee, any involved social worker or regional center worker, and any health care professional designated to monitor the client’s individualized health care plan.
(B)
The client’s individualized health care plan shall be reassessed at least every 12 months or more frequently as determined by the client’s physician
or nurse practitioner during the time the client receives incidental medical services in the facility.
(C)
The client’s regional center, primary care physician or nurse practitioner, or other health care professional designated by the physician or nurse practitioner shall identify the health care professional who shall be responsible for training facility staff in the provision of incidental medical services.
(D)
Facility staff shall be trained by the identified health care professional practicing within his or her scope of practice who shall monitor, according to the individualized health care plan, the staff’s ability to provide incidental medical services and who shall review, correct, or update facility staff training as the health care professional deems necessary.
(E)
The regional center or placing agency shall
evaluate, monitor, and have responsibility for oversight of the incidental medical services provided in the facility by facility staff. However, nothing in this section shall preclude the department from taking an administrative action against a licensee or facility staff member for failure or refusal to carry out, or negligence in carrying out, his or her duties in providing these incidental medical services.
(2)
For persons who are not regional center clients, the following shall apply:
(A)
An individualized health care plan shall be prepared that includes the physician’s or nurse practitioner’s order for services to be provided during the time the client is in the day care facility. The plan shall be prepared by a team that includes the client or his or her designee if the client is not able to participate in planning his or her care, the client’s social worker, conservator, or
legal guardian, as appropriate, a licensed health care professional, and the licensee or the licensee’s designee.
(B)
The client’s individualized health care plan shall be reassessed at least every 12 months or more frequently as determined by the client’s physician or nurse practitioner during the time the client receives incidental medical services in the facility.
(C)
A licensed health care professional practicing within his or her scope of practice shall train the staff of the facility on procedures for caring for clients who require incidental medical services and shall periodically review, correct, or update facility staff training as the health care professional deems necessary.
(d)
Facilities providing incidental medical services shall remain in substantial compliance with all other applicable regulations of
the department.
(e)
The department shall adopt emergency regulations for community care facilities for adults by February 1, 1997, to do all of the following:
(1)
Specify incidental medical services that may be provided. These incidental medical services shall include, but need not be limited to, any of the following: gastrostomy, colostomy, ileostomy, and urinary catheters.
(2)
Specify the conditions under which incidental medical services may be provided.
(3)
Specify the medical services that, due to the level of care required, are prohibited services.
(f)
The department shall consult with the State Department of Developmental Services, the State Department of
Health Care Services, the Association of Regional Center Agencies, and provider associations in the development of the regulations required by subdivision (e).
Cal. Health and Safety Code - HSC § 1507.1. Section 1507.1.
(a)
An adult community care facility may permit incidental medical services to be provided through a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) when all of the following conditions are met:
(1)
The facility, in the judgment of the department, has the ability to provide the supporting care and supervision appropriate to meet the needs of the client receiving care from a home health agency.
(2)
The home health agency has been advised of the regulations pertaining to adult community care facilities and the requirements related to incidental medical services being provided in the facility.
(3)
There is evidence of an agreed-upon protocol between the home health agency and the adult community care facility. The protocol shall address areas of responsibility of the home health agency and the adult community care facility and the need for communication and the sharing of client information related to the home health care plan. Client information may be shared between the home health agency and the adult community care facility relative to the client’s medical condition and the care and treatment provided to the client by the home health agency, including, but not limited to, medical information defined by the Confidentiality of Medical Information Act, Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.
(4)
There is ongoing communication between the home health agency and the adult community care facility about the services provided to the client by the home health agency and the frequency and duration of care to be provided.
(b)
Nothing in this section is intended to expand the scope of care and supervision for an adult community care facility, as prescribed by this chapter.
(c)
Nothing in this section shall require any care or supervision to be provided by the adult community care facility beyond that which is permitted in this chapter.
(d)
The department shall not be responsible for the evaluation of medical services provided to the client of the adult community care facility by the home health agency.
(e)
Any regulations, policies, or procedures related to sharing client information and development of protocols, established by the department pursuant to this section, shall be developed in consultation with the State Department of Health Services and persons representing home health agencies and adult community care facilities.
Cal. Health and Safety Code - HSC § 1507.2. Section 1507.2.
Notwithstanding this chapter, a child with special health care needs, as defined in subdivision (a) of Section 17710 of the Welfare and Institutions Code, may be accepted in a specialized foster care home, as defined in subdivision (i) of Section 17710 of the Welfare and Institutions Code, or a group home for children with special health care needs, as defined in paragraph (22) of subdivision (a) of Section 1502, or retained beyond the age of 18, in accordance with Part 5.5 (commencing with Section 17700) of Division 9 of the Welfare and Institutions Code, relating to children with special health care needs. If the facility accepts a child with special health care needs, or retains a child with special health care needs beyond 18 years of age, the facility shall maintain all documents required as evidence of compliance with Part 5.5
(commencing with Section 17700) of Division 9 of the Welfare and Institutions Code in the files of the facility that are available for inspection by the foster family agency or licensing agency.
Cal. Health and Safety Code - HSC § 1507.3. Section 1507.3.
(a)
Notwithstanding Section 1566.45 or any other provision of law, a residential facility that provides care to adults may obtain a waiver from the department for the purpose of allowing a resident who has been diagnosed as terminally ill by his or her physician and surgeon to remain in the facility, or allowing a person who has been diagnosed as terminally ill by his or her physician and surgeon to become a resident of the facility if that person is already receiving hospice services and would continue to receive hospice services without disruption if he or she became a resident, when all of the following conditions are met:
(1)
The facility agrees to retain the terminally ill
resident, or accept as a resident the terminally ill person, and to seek a waiver on behalf of the individual, provided the individual has requested the waiver and is capable of deciding to obtain hospice services.
(2)
The terminally ill resident, or the terminally ill person to be accepted as a resident, has obtained the services of a hospice certified in accordance with federal medicare conditions of participation and licensed pursuant to Chapter 8 (commencing with Section 1725) or Chapter 8.5 (commencing with Section 1745).
(3)
The facility, in the judgment of the department, has the ability to provide care and supervision appropriate to meet the needs of the terminally ill resident, or the terminally ill person to be accepted as a resident, and is in substantial compliance with regulations governing the operation of residential facilities that provide care to adults.
(4)
The hospice has agreed to design and provide for care, services, and necessary medical intervention related to the terminal illness as necessary to supplement the care and supervision provided by the facility.
(5)
An agreement has been executed between the facility and the hospice regarding the care plan for the terminally ill resident, or the terminally ill person to be accepted as a resident. The care plan shall designate the primary caregiver, identify other caregivers, and outline the tasks the facility is responsible for performing and the approximate frequency with which they shall be performed. The care plan shall specifically limit the facility’s role for care and supervision to those tasks authorized for a residential facility under this chapter.
(6)
The facility has obtained the agreement of those
residents who share the same room with the terminally ill resident, or any resident who will share a room with the terminally ill person to be accepted as a resident, to allow the hospice caregivers into their residence.
(b)
At any time that the licensed hospice, the facility, or the terminally ill resident determines that the resident’s condition has changed so that continued residence in the facility will pose a threat to the health and safety of the terminally ill resident or any other resident, the facility may initiate procedures for a transfer.
(c)
A facility that has obtained a hospice waiver from the department pursuant to this section, or an Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN) licensed pursuant to Article 9 (commencing with Section 1567.50), need not call emergency response services at the time of a life-threatening emergency if
the hospice agency is notified instead and all of the following conditions are met:
(1)
The resident is receiving hospice services from a licensed hospice agency.
(2)
The resident has completed an advance directive, as defined in Section 4605 of the Probate Code, requesting to forego resuscitative measures.
(3)
The facility has documented that facility staff have received training from the hospice agency on the expected course of the resident’s illness and the symptoms of impending death.
(d)
Nothing in this section is intended to expand the scope of care and supervision for a residential facility, as defined in this chapter, that provides care to adults nor shall a facility be required to alter or extend its license in order to retain a terminally ill
resident, or allow a terminally ill person to become a resident of the facility, as authorized by this section.
(e)
Nothing in this section shall require any care or supervision to be provided by the residential facility beyond that which is permitted in this chapter.
(f)
Nothing in this section is intended to expand the scope of life care contracts or the contractual obligation of continuing care retirement communities as defined in Section 1771.
(g)
The department shall not be responsible for the evaluation of medical services provided to the resident by the hospice and shall have no liability for the independent acts of the hospice.
(h)
The department, in consultation with the State Fire Marshal, shall develop and expedite implementation of
regulations related to residents who have been diagnosed as terminally ill who remain in the facility and who are nonambulatory that ensure resident safety but also provide flexibility to allow residents to remain in the least restrictive environment.
(i)
Nothing in this section shall be construed to relieve a licensed residential facility that provides care to adults of its responsibility to do both of the following:
(1)
Notify the fire authority having jurisdiction of the presence of a bedridden resident in the facility as required pursuant to subdivision (e) of Section 1566.45.
(2)
Obtain and maintain a fire clearance from the fire authority having jurisdiction.
(j)
The requirement in paragraph (1) of subdivision (a) to obtain a waiver, and the
requirement in paragraph (1) of subdivision (i) shall not apply to a facility licensed as an ARFPSHN pursuant to Article 9 (commencing with Section 1567.50).
Cal. Health and Safety Code - HSC § 1507.4. Section 1507.4.
(a)
Beginning May 1, 2021, and annually thereafter, the department shall collect information and send a report to each county’s department of mental health or behavioral health of all licensed adult residential facilities in the county that accept the federal supplemental security rate and accept residents with a serious mental disorder, as defined in Section 5600.3 of the Welfare and Institutions Code, and the number of licensed beds at each facility.
(b)
Beginning May 1, 2021, and quarterly thereafter, the department shall send to each county’s department of mental health or behavioral health the report of licensed adult residential facilities that closed permanently in the prior quarter, by county, and shall include the number of licensed
beds of each facility and the reason for closing. The report shall include cumulative data and closure trends for each county and be based on facilities identified in subdivision (a).
(c)
Upon receiving notice that a licensed adult residential facility intends to close permanently, the department shall notify the county mental or behavioral health department within three business days.
Cal. Health and Safety Code - HSC § 1507.5. Section 1507.5.
(a)
In-home medical care and home and community-based services, as described in subdivisions (t) and (u) of Section 14132 of the Welfare and Institutions Code, may, when deemed medically appropriate by the State Department of Health Services, be provided by a licensed home health agency to children with special medical needs, as defined by the State Department of Health Services, in foster family homes. For children described in this section, these medical services shall not be considered as a substantial component of the services provided by the licensee for the purposes of Section 1507. To be eligible under this section for placement in a foster home, a child shall be receiving medical supervision and medical case management by an agent designated by the State Department of Health Services.
(b)
No more than two children eligible for services under this section may be placed in a single licensed foster family home at one time.
(c)
The State Department of Social Services and its agents shall not evaluate or have any responsibility or liability for the evaluation of the medical services described in this section.
Cal. Health and Safety Code - HSC § 1507.6. Section 1507.6.
(a)
Mental health services, as deemed necessary by the placing agency, may be provided to children in a group home. Except for the physical safety and direct care and supervision of children placed in a group home, the State Department of Social Services and its agents shall not evaluate or have responsibility or liability for the evaluation of mental health services provided in the group homes. Supervision of mental health treatment services provided to a child in a group home shall be a case management responsibility of the placing agency.
(b)
(1)
Psychotropic medications shall be used only in accordance with the written directions of the physician prescribing the
medication and as authorized by the juvenile court pursuant to Section 369.5 or 739.5 of the Welfare and Institutions Code.
(2)
The facility shall maintain in a child’s records all of the following information:
(A)
A copy of any court order authorizing the psychotropic medication for the child.
(B)
A separate log for each psychotropic medication prescribed for the child, showing all of the following:
(i)
The name of the medication.
(ii)
The date of the prescription.
(iii)
The quantity of medication and number of refills initially prescribed.
(iv)
If applicable, any additional refills prescribed.
(v)
The required dosage and directions for use as specified in writing by the physician prescribing the medication, including any changes directed by the physician.
(vi)
The date and time of each dose taken by the child.
(3)
This subdivision does not apply to a youth homelessness prevention center, as defined in Section 1502.
(4)
The requirements regarding juvenile court authorization, as described in paragraph (1), and maintaining a copy of any court order, as described in subparagraph (A) of paragraph (2), shall only apply to private alternative
boarding schools and private alternative outdoor programs, as defined in Section 1502, as otherwise required by applicable law.
Cal. Health and Safety Code - HSC § 1507.15. Section 1507.15.
Every community care facility that provides adult residential care or offers an adult day program shall, for the purpose of addressing issues that arise when an adult resident or an adult day program participant is missing from the facility, develop and comply with an absentee notification plan for each resident or participant. The plan shall be part of the written Needs and Services Plan. The plan shall include and be limited to the following: a requirement that an administrator of the facility, or his or her designee, inform the resident’s or participant’s authorized representative when that resident or participant is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a resident or
participant is missing from the facility.
Cal. Health and Safety Code - HSC § 1507.25. Section 1507.25.
(a)
(1)
Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within the professional’s scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)
The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)
A relative caregiver.
(B)
A nonrelative extended family member.
(C)
A foster family home parent.
(D)
A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)
A small family home parent.
(F)
A certified parent of a foster family agency.
(G)
A designated substitute caregiver of a foster family home, a certified family home, or resource family.
(H)
A staff member of a small family home or a group home who provides direct care and supervision to
children and youth residing in the small family home or group home.
(I)
A staff member of a short-term residential therapeutic program, including a children’s crisis residential program, who provides direct care and supervision to children and youth residing in the facility.
(J)
A staff member of a transitional shelter care facility or a temporary shelter care facility who provides direct care and supervision to children and youth residing in the facility.
(3)
The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as the professional deems necessary and appropriate.
(b)
(1)
Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within the professional’s scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the child’s physician, to a foster child in placement.
(2)
The following individuals shall be authorized to give prescribed injections, including insulin, in accordance with this subdivision:
(A)
A relative caregiver.
(B)
A nonrelative extended family member.
(C)
A foster
family home parent.
(D)
A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)
A small family home parent.
(F)
A certified parent of a foster family agency.
(G)
In the absence of a foster parent, a designated substitute caregiver in a foster family home, a certified family home, or resource family.
(H)
A staff member of a group home who provides direct care and supervision to children and youth residing in the group home.
(I)
A direct care staff member of a short-term residential
therapeutic program, including a children’s crisis residential program, who provides direct care and supervision to children and youth residing in the facility.
(3)
The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as the professional deems necessary and appropriate.
(c)
For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of the injection, including glucose testing and monitoring.
(d)
Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the
Welfare and Institutions Code, a child’s need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)
This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
Cal. Health and Safety Code - HSC § 1507.35. Section 1507.35.
(a)
Notwithstanding any other law, a group home for children with special health care needs, as defined in paragraph (22) of subdivision (a) of Section 1502, may allow a client who has been diagnosed as terminally ill by their physician or surgeon to remain in the facility, or allow a person who has been diagnosed as terminally ill by their physician and surgeon to be placed in the facility if that person is already receiving hospice services and would continue to receive hospice services without disruption if they became a client, if all of the following conditions are met:
(1)
The services of a hospice certified in accordance with federal Medicare conditions of participation and licensed pursuant to Chapter 8 (commencing with Section
1725) or Chapter 8.5 (commencing with Section 1745) have been obtained for the terminally ill client, or the terminally ill child to be accepted as a client, and approved by the authorized representative.
(2)
The facility, in the judgment of an individual who has the right to make legal decisions on behalf of the client, has the ability to provide care and supervision appropriate to meet the needs of the terminally ill client, or the terminally ill child to be accepted as a client, and is in substantial compliance with regulations governing the operation of a group home for children with special health care needs.
(3)
The hospice has agreed to design and provide for care, services, and necessary medical intervention related to the terminal illness as necessary to supplement the care and supervision provided by the facility.
(4)
An agreement has been executed between the facility and the hospice regarding the care plan for the terminally ill client, or the terminally ill child to be accepted as a client. The care plan shall designate the primary caregiver, identify other caregivers, and outline the tasks the facility is responsible for performing and the approximate frequency with which they shall be performed. The care plan shall specifically limit the facility’s role for care and supervision to those tasks authorized for a residential facility under this chapter.
(b)
If the licensed hospice, the facility, or the authorized representative of the terminally ill client determines that the client’s condition has changed so that continued residence in the facility will pose a threat to the health and safety of the terminally ill client or any other client, the facility may initiate procedures for removal or
discharge.
(c)
This section does not expand the scope of care and supervision for a group home for children with special health care needs and a facility shall not be required to alter or extend its license in order to retain a terminally ill client, or allow a terminally ill child to become accepted as a client of the facility, as authorized by this section.
(d)
This section does not require any care or supervision to be provided by the group home for children with special health care needs beyond that which is permitted in this chapter.
(e)
The department shall not be responsible for the evaluation of medical services provided to the client by the hospice and shall not have liability for the independent acts of the hospice.
(f)
This section does not
relieve a group home for children with special health care needs of its responsibility, for purposes of allowing a client who has been diagnosed as terminally ill to remain in the facility, to do both of the following:
(1)
With regard to any client who is bedridden, as defined in subdivision (a) of Section 1566.45, to, within 48 hours of the client’s retention in the facility, notify the local fire authority with jurisdiction in the bedridden client’s location of the estimated length of time the client will retain their bedridden status in the facility.
(2)
Secure a fire clearance approval from the city or county fire department, fire district, or any other local agency providing fire protection services, or the State Fire Marshal, whichever has primary fire protection jurisdiction.
Cal. Health and Safety Code - HSC § 1508. Section 1508.
No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or maintain a community care facility in this state, without a current valid license therefor as provided in this chapter.
No person, firm, partnership, association, or corporation within the state and no state or local public agency shall provide specialized services within a community care facility in this state, without a current valid special permit therefor as provided in this chapter.
Except for a juvenile hall operated by a county, or a public recreation program, this section applies to community care facilities directly operated by a state or local public agency. Each community care facility operated by a state or local public agency shall comply with the standards established by the director for community care facilities.
As used in this chapter, “local public agency” means a city, county, special district, school district, community college district, chartered city, or chartered city and county.
Cal. Health and Safety Code - HSC § 1509. Section 1509.
The state department shall inspect and license community care facilities, except as otherwise provided in Section 1508. The state department shall inspect and issue a special permit to a community care facility to provide specialized services.
Cal. Health and Safety Code - HSC § 1509.5. Section 1509.5.
(a)
The department and the licensing agencies with which it contracts for licensing shall review and make a final determination within 60 days of an applicant’s submission of a complete application on all applications for a license to operate a community care facility if the applicant possesses a current valid license to operate a community care facility at another site. Applicants shall note on the application, or in a cover letter to the application, that they possess a current valid license at another site, and the number of that license.
(b)
The department shall request a fire safety clearance from the appropriate fire marshal within five days of receipt of an application described in subdivision (a). The applicant shall be responsible for requesting and obtaining the required criminal record clearances.
(c)
If the department for any reason is unable to comply with subdivision (a), it shall, within 60 days of receipt of the application described in subdivision (a), grant a provisional license to the applicant to operate for a period not to exceed six months, except as provided in subdivision (d). While the provisional license is in effect, the department shall continue its investigation and make a final determination on the application before the provisional license expires. The provisional license shall be granted, provided the department knows of no life safety risks, the criminal records clearances, if applicable, are complete, and the fire safety clearance is complete. The director may extend the term of a provisional license for an additional six months at the time of the application, if the director determines that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, and if all other requirements for a license have been met.
(d)
If the department does not issue a provisional license pursuant to subdivision (c), the department shall issue a notice to the applicant identifying whether the provisional license has not been issued due to the existence of a life safety risk, lack of a fire safety clearance, lack of a criminal records clearance, failure to complete the application, or any combination of these reasons. If a life safety risk is identified, the risk preventing the issuance of the provisional license shall be clearly explained. If a lack of the fire safety clearance is identified, the notice shall include the dates on which the department requested the clearance and the current status of that request, and the fire marshal’s name and telephone number to whom a fire safety clearance request was sent. The department shall identify the names of individuals for whom criminal records clearances are lacking. If failure to complete the application is identified, the notice shall list all of the forms or attachments that are missing or incorrect. This notice shall be sent to the applicant no later than 60 days after the applicant filed the application. If the reasons identified in the notice are corrected, the department shall issue the provisional license within five days after the corrections are made.
(e)
The department shall, immediately after January 1, 1993, develop expedited procedures necessary to implement subdivisions (a), (b), (c), and (d).
(f)
The department shall, immediately after January 1, 1993, develop an appeal procedure for applicants under this section for both denial of licenses and delay in processing applications.
Cal. Health and Safety Code - HSC § 1509.6. Section 1509.6.
An applicant or licensee of an adult community care facility shall maintain an email address of record with the department. The applicant or licensee shall provide written notification to the department of the email address and of any change to the email address within 10 business days of the change.
Cal. Health and Safety Code - HSC § 1509.56. Section 1509.56.
An applicant or licensee of an adult community care facility shall maintain an email address of record with the department. The applicant or licensee shall notify the department, in writing, of the email address and of any change to the email address within 10 business days of the change.
Cal. Health and Safety Code - HSC § 1510. Section 1510.
The state department may provide consulting services upon request to any community care facility to assist in the identification or correction of deficiencies and in the upgrading of the quality of care provided by such community care facility.
Cal. Health and Safety Code - HSC § 1511. Section 1511.
The state department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. In exercising the authority so delegated, such agencies shall conform to the requirements of this chapter and to the rules, regulations, and standards of the state department. The state department shall reimburse agencies for services performed pursuant to this section, and such payments shall not exceed actual cost.
If any grants-in-aid are made by the federal government for the support of any inspection or consultation service approved by the state department, the amount of the federal grant shall first be applied to defer the cost of the service before state reimbursement is made.
Cal. Health and Safety Code - HSC § 1512. Section 1512.
Each residential community care facility shall state, on its client information form or admission agreement, and on its patient’s rights form, the facility’s policy concerning family visits and other communication with resident clients and shall, except as otherwise provided in this section, promptly post notice of its visiting policy at a location in the facility that is accessible to residents and families. The requirement that a facility post notice of the facility’s visiting policy does not apply to any facility serving six or fewer clients.
The community care facility’s policy concerning family visits and communication shall be designed to encourage regular family involvement with the resident client and shall provide ample opportunities for family participation in activities at the facility.
Cal. Health and Safety Code - HSC § 1512.5. Section 1512.5.
(a)
No residential facility may prohibit the formation of a family council, and, when requested by a member of the resident’s family or the resident’s responsible party, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed upon hours.
(b)
Facility policies on family councils shall in no way limit the right of residents and family members to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.
(c)
“Family council” for the purpose of this section means a meeting of family members, friends, responsible parties, or agents as defined in Section 14110.8 of the Welfare and Institutions Code of two or more patients to confer in private without facility staff.
(d)
Family councils shall also be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, and newsletters.
Cal. Health and Safety Code - HSC § 1513. Section 1513.
No license or special permit issued pursuant to the provisions of this chapter shall have any property value for sale or exchange purposes and no person, including any owner, agent, or broker, shall sell or exchange any license or special permit for any commercial purpose.
Cal. Health and Safety Code - HSC § 1514. Section 1514.
(a)
Each residential care facility licensed under this chapter shall reveal its license number in all advertisements, publications, or announcements made with the intent to attract clients or residents.
(b)
Advertisements, publications, or announcements subject to the requirements of subdivision (a) shall include, but are not limited to, those contained in the following:
(1)
Newspaper or magazine.
(2)
Consumer report.
(3)
Announcement of intent to commence business.
(4)
Telephone directory yellow pages.
(5)
Professional or service directory.
(6)
Radio or television commercial.
Cal. Health and Safety Code - HSC § 1515. Section 1515.
(a)
The department shall authorize county welfare departments to undertake comprehensive recruitment programs, including but not limited to media advertising, public awareness campaigns and public speaking engagements to ensure an adequate number of foster homes are available to meet the child welfare placement needs in each county.
(b)
In counties in which the county has contracted with the state to license foster parents, if the county undertakes a recruitment program, it shall be done by the placement agency. The state shall not be required to perform any acts in connection with a recruitment program.
(c)
The recruitment of potential foster parents shall include diligent efforts to recruit individuals who reflect the ethnic, racial, and cultural diversity of foster children.
Cal. Health and Safety Code - HSC § 1516. Section 1516.
(a)
A crisis nursery, as defined in paragraph (17) of subdivision (a) of Section 1502, shall be licensed by the department to operate a crisis residential overnight program. Notwithstanding Section 1596.80, a crisis nursery may also provide crisis day services.
(b)
A crisis nursery shall be organized and operated on a nonprofit basis by either a private nonprofit corporation or a nonprofit public benefit corporation.
(c)
A facility licensed on or before January 1, 2004, as a group home for children under six years of age with a licensed capacity greater than 14 children, but less than 21 children, that provides crisis nursery services shall be allowed to retain
its capacity if issued a crisis nursery license until there is a change in the licensee’s program, location, or client population.
(d)
Each crisis nursery shall collect and maintain information, in a format specified by the department, indicating the total number of children placed in the program, the length of stay for each child, the reasons given for the use of the crisis nursery, and the age of each child. This information shall be made available to the department upon request.
(e)
Notwithstanding Section 1596.80, a crisis nursery may provide crisis day services for children under six years of age at the same site that it is providing crisis residential overnight services.
(1)
A child shall not receive crisis day services at a crisis nursery for more than 30 calendar days, maximum of 12 hours per day, or a total
of 360 hours, in a six-month period unless the department issues an exception to allow a child to receive additional crisis day services in a six-month period.
(2)
The department, upon receipt of an exception request pursuant to paragraph (1) and supporting documentation as required by the department, shall respond within five working days to approve or deny the request.
(3)
No more than two exceptions, in seven-calendar day or 84-hour increments, may be granted per child in a six-month period.
(f)
A crisis nursery license shall be issued for a specific capacity determined by the department.
(1)
(A)
The maximum licensed capacity for crisis day services shall be based on 35 square feet of indoor activity space per child. Bedrooms,
bathrooms, halls, offices, isolation areas, food-preparation areas, and storage places shall not be included in the calculation of indoor activity space. Floor area under tables, desks, chairs, and other equipment intended for use as part of children’s activities shall be included in the calculation of indoor space.
(B)
There shall be at least 75 square feet per child of outdoor activity space based on the total licensed capacity. Swimming pools, adjacent pool decking, and natural or man-made hazards shall not be included in the calculation of outdoor activity space.
(2)
Except as provided in subdivision (c), the maximum licensed capacity for a crisis residential overnight program shall be 14 children.
(3)
A child who has been voluntarily placed in a crisis residential overnight program shall be included in the
licensed capacity for crisis day services.
(g)
Exceptions to group home licensing regulations pursuant to subdivision (c) of Section 84200 of Title 22 of the California Code of Regulations, in effect on August 1, 2004, for county-operated or county-contracted emergency shelter care facilities that care for children under six years of age for no more than 30 days, shall be contained in regulations for crisis nurseries.
(h)
For purposes of this section, the following definitions shall apply:
(1)
“Crisis day services” means temporary, nonmedical care and supervision for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for less than 24 hours per day. Crisis day services shall be provided during a time period defined by the crisis
nursery in its plan of operation, but not to exceed a period of 14 hours per day. The plan of operation shall assure sleeping arrangements are available for children there after 7 p.m. A child may not receive crisis day services at a crisis nursery for more than 30 calendar days, or a total of 360 hours, in a six-month period unless the department issues an exception.
(2)
“Crisis residential overnight program” means short-term, 24-hour nonmedical residential care and supervision, including overnight, for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for no more than 30 days.
(3)
“Voluntarily placed” means a child, who is not receiving Aid to Families with Dependent Children-Foster Care, placed by a parent or legal guardian who retains physical custody of, and remains responsible for, the care
of his or her children who are placed for temporary emergency care. “Voluntarily placed” does not include placement of a child who has been removed from the care and custody of his or her parent or legal guardian and placed in foster care by a child welfare services agency.
Cal. Health and Safety Code - HSC § 1517. Section 1517.
(a)
(1)
Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.
(2)
For purposes of this chapter, a “resource family” means an individual or family that has successfully met both the home environment assessment and the permanency assessment criteria, as set forth in Section 16519.5 of the Welfare and Institutions
Code, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.
(3)
There is no fundamental right to approval as a resource family.
(4)
(A)
A resource family shall be considered eligible to provide foster care for children in out-of-home placement and shall be considered approved for adoption and guardianship.
(B)
(i)
Notwithstanding subparagraph (A), a foster family agency may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(ii)
In the case of an Indian child for whom the
child’s tribe is not exercising its right to approve a home, the foster family agency shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 of the Welfare and Institutions Code and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may provide guidance to foster family agencies regarding consistent implementation of this clause through the issuance of written directives that shall have the same force and effect as regulations, until regulations are adopted.
(5)
For purposes of this chapter,
“resource family approval” means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards adopted pursuant to subdivision (d) of Section 16519.5 of the Welfare and Institutions Code. This approval is in lieu of a certificate of approval issued by a licensed foster family agency pursuant to subdivision (b) of Section 1506.
(6)
Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.
(7)
(A)
Notwithstanding paragraphs (1) to (6), inclusive, a foster family agency shall cease any further review of an application if the applicant has had a previous application denial within the preceding year by the
department or county, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or county within the preceding two years.
(B)
If an individual was excluded from a resource family home or facility licensed by the department, a foster family agency shall cease review of the individual’s application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of the Welfare and Institutions Code or Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897 of this code.
(C)
The cessation of review shall not constitute a denial of the application for purposes of this section, Section 16519.5 of the Welfare and Institutions Code, or any other law.
(D)
For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following:
(i)
The effective date of a final decision or order upholding a notice of action or exclusion order.
(ii)
The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision.
(8)
A resource family shall meet the approval standards set forth in Section 16519.5 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code, comply with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code, and comply with other applicable federal and
state laws in order to maintain approval.
(9)
A resource family may be approved by a county child welfare department or probation department pursuant to Section 16519.5 of the Welfare and Institutions Code or by a foster family agency pursuant to this section.
(10)
A resource family shall not be licensed to operate a residential facility, as defined in Section 1502, a residential care facility for the elderly, as defined in Section 1569.2, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01, on the same premises used as the residence of the resource family.
(11)
(A)
An applicant who withdraws an application prior to its
approval or denial may resubmit the application within 12 months of the withdrawal.
(B)
This section does not preclude a foster family agency from requiring an applicant to complete an application activity, including if that activity was previously completed.
(b)
(1)
A foster family agency that approves resource families shall comply with this section.
(2)
Notwithstanding any other law, a foster family agency shall require its applicants and resource families to meet the resource family approval standards set forth in Section 16519.5 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code, the written directives or regulations adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(3)
A foster family agency shall be responsible for all of the following:
(A)
Complying with the applicable provisions of this chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code, and the applicable written directives or regulations adopted thereto by the department.
(B)
Implementing the requirements for the resource family approval and utilizing standardized documentation established by the department.
(C)
Ensuring staff have the education, experience, and core competencies necessary
to participate in the assessment and evaluation of an applicant or resource family.
(D)
Taking the following actions, as applicable:
(i)
(I)
Approving or denying resource family applications, including preparing a written report that evaluates the applicant’s capacity to foster, adopt, or provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.
(II)
The applicant’s preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.
(ii)
Rescinding approvals of resource families.
(E)
Providing to the department a log of resource families that were approved or had approval rescinded during the month by the 10th day of the following month.
(F)
(i)
Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource family’s circumstances, including, but not limited to, moving to a new home location or commencing operation of a family day care home, as defined in Section 1596.78.
(ii)
A foster family agency shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in clause (i), to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(G)
Monitoring resource families through all of the following:
(i)
Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
(ii)
Requiring resource families to meet the approval standards set
forth in Section 16519.5 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code and to comply with the written directives or regulations adopted thereto, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family or take other administrative action in accordance with applicable law or the written directives or regulations adopted pursuant to Section 16519.5 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code.
(iii)
Requiring resource families to report to the foster family agency any incidents, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and
Institutions Code.
(iv)
Inspecting resource family homes as often as necessary to ensure the quality of care provided.
(H)
Performing corrective action as required by the department.
(I)
Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
(J)
(i)
Ensuring applicants and resource families meet the training requirements, and, if applicable, the specialized training requirements set forth in Section 16519.5 of the Welfare and Institutions Code.
(ii)
This section does not preclude a foster family agency
from requiring training in excess of the requirements in this section.
(4)
A foster family agency may cooperatively match a child who is under the care, custody, and control of a county with a resource family for initial placement.
(c)
In addition to subdivision (f) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall be responsible for all of the following:
(1)
Requiring foster family agencies to monitor resource families, including, but not limited to, inspecting resource family homes, developing and monitoring resource family corrective action plans to correct identified deficiencies, and rescinding resource family approval if compliance with a corrective action plan is not achieved.
(2)
Investigating
all complaints regarding a resource family approved by a foster family agency and taking any action it deems necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained. Complaint investigations shall be conducted in accordance with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code. A foster family agency shall not conduct an internal investigation regarding an incident report or complaint against a resource family that interferes with an investigation being conducted by the department.
(3)
Rescinding approvals of a resource family approved by a foster family agency.
(4)
Excluding a resource family parent or applicant or other individual from presence in any resource family home or licensed community care facility consistent with
the established standard, from being a member of the board of directors, an executive director, or an officer of a licensed community care facility, or prohibiting a licensed community care facility from employing the resource family parent or other individual, if appropriate.
(5)
Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(6)
Providing a resource family parent, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to this chapter and subdivisions (g) to (n), inclusive, of Section 16519.6 of the Welfare and Institutions Code if the department has ordered a foster family agency to deny a resource
family application or rescind the approval of a resource family, has excluded an individual, has denied or rescinded a criminal record exemption, or has taken other administrative action.
(d)
(1)
The department may enter and inspect the home of a resource family approved by a foster family agency to secure compliance with the resource family approval standards, investigate a complaint or incident, or ensure the quality of care provided.
(2)
Upon a finding of noncompliance, the department may require a foster family agency to deny a resource family application, rescind the approval of a resource family, or take other action the department may deem necessary for the protection of a child placed with the resource family.
(A)
If the department requires a foster family agency to deny an application,
rescind the approval of a resource family, or take another action, the department shall serve an order of denial or rescission, or another order, that notifies the resource family or applicant and foster family agency of the basis of the department’s action and of the resource family’s or applicant’s right to a hearing.
(B)
(i)
Except as otherwise specified in this section, a hearing conducted pursuant to this section shall be conducted in accordance with Section 1551.
(ii)
Notwithstanding the time for hearings set forth in this chapter, a hearing conducted pursuant to this section shall be held within the timelines specified in subdivisions (f) to (h), inclusive, of Section 16519.6 of the Welfare and Institutions Code.
(iii)
Consistent with subdivision (h) of Section 16519.6 of the Welfare and
Institutions Code and notwithstanding Section 1550.5, proceedings regarding the temporary suspension of a resource family approval shall not include an interim hearing.
(C)
The department’s order of the application denial, rescission of the approval, or another action shall remain in effect until the hearing is completed and the department has made a final determination on the merits.
(D)
A foster family agency’s failure to comply with the department’s order to deny an application or rescind the approval of a resource family, or another order, by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550.
(e)
This section and Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code do not limit
the authority of the department to inspect, evaluate, investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to this chapter, nor do these provisions limit the department’s authority to take any action it may deem necessary for the health and safety of children placed with the foster family agency.
(f)
(1)
The applicable certification and oversight processes shall continue to be administered for foster homes certified by a foster family agency prior to January 1, 2017, or as specified in paragraph (2), until the certification is revoked or forfeited by operation of law pursuant to this subdivision.
(2)
Notwithstanding paragraph (3), a foster family agency shall approve or deny all certified family home applications received on or before December 31, 2016, in accordance with this chapter.
(3)
On and after January 1, 2017, a foster family agency shall not accept applications to certify foster homes and shall approve resource families in lieu of certifying foster homes.
(4)
No later than July 1, 2019, each foster family agency shall provide the following information to its certified family homes:
(A)
A detailed description of the resource family approval program.
(B)
Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020.
(C)
Notification that a certificate of approval shall be forfeited by operation of law, as specified in paragraph (8).
(5)
The following
shall apply to all certified family homes:
(A)
A certified family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be a resource family.
(B)
A certified family home that had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation pursuant to Section 16519.5 of the Welfare and Institutions Code.
(C)
A certified family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation pursuant to Section 16519.5 of the Welfare and Institutions Code.
(6)
A foster family agency may provide supportive services to all certified family homes with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(7)
An individual who is approved as a resource family pursuant to subparagraph (B) or (C) of paragraph (5) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.
(8)
All certificates of approval for certified family homes shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph:
(A)
All certified family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017,
inclusive, shall forfeit the certificate of approval by operation of law on January 1, 2018.
(B)
For certified family homes with a pending resource family application on December 31, 2020, the certificate of approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(C)
A certificate of approval shall be forfeited by operation of law upon approval as a resource family.
(g)
A foster family agency may obtain any arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties, as provided in this section.
(h)
A foster family agency
may review and discuss with an applicant the data contained in the statewide child welfare database, and provided to the foster family agency by a county, that is pertinent to conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
Cal. Health and Safety Code - HSC § 1517.1. Section 1517.1.
(a)
(1)
Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.
(2)
For purposes of this section, a “resource family” means an individual or family that has successfully met both the home environment assessment and the permanency assessment criteria, as set forth in Section 16519.5 of the Welfare and Institutions
Code, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.
(b)
(1)
The applicable licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in paragraph (2), until the license is revoked or forfeited by operation of law pursuant to this section or Section 1524.
(2)
The department shall approve or deny all foster family home license applications received on or before December 31, 2016, in accordance with this chapter.
(3)
On and after January 1, 2017, the department shall not accept applications to license foster family homes.
(4)
The
following shall apply to all foster family homes:
(A)
A foster family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be a resource family.
(B)
A certified family home that had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation pursuant to Section 16519.5 of the Welfare and Institutions Code.
(C)
A foster family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation pursuant to Section 16519.5 of the Welfare and Institutions Code.
(5)
An individual who is approved as a resource family pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.
(6)
All foster family home licenses shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524.
(A)
All licensed foster family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B)
For foster family home licensees who have pending resource family applications on December 31, 2020, the foster family home
license shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(C)
A foster family home license shall be forfeited by operation of law upon approval as a resource family.
Cal. Health and Safety Code - HSC § 1517.2. Section 1517.2.
(a)
The application form signed by a resource family applicant of a foster family agency shall be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant. Any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor.
(b)
(1)
Before approving a resource family, a foster family agency shall conduct a reference check of the applicant to determine whether it is safe and appropriate for the foster family agency to approve the
applicant to be a resource family by contacting all of the following:
(A)
Any foster family agencies that have certified the applicant.
(B)
Any state or county licensing offices that have licensed the applicant as a foster family home.
(C)
Any counties that have approved the applicant as a relative or nonrelative extended family member.
(D)
Any foster family agencies or counties that have approved the applicant as a resource family.
(E)
Any state licensing offices that have licensed the applicant as a community care facility, child daycare center, or family childcare home.
(F)
Any Indian tribe or tribal agency that has approved or licensed an applicant in any of the categories described in subparagraphs (A) to (E), inclusive.
(2)
Notwithstanding subdivision (c), within 20 business days of being contacted by a foster family agency, a foster family agency that has previously certified the applicant or approved the applicant as a resource family shall divulge information as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code and unless otherwise prohibited by law, regarding the applicant to the requesting foster family agency conducting a reference check.
(c)
The department, a county, a foster family agency,
an Indian tribe, or a tribal agency may request information from, or divulge information to, the department, a county, a foster family agency, an Indian tribe, or a tribal agency regarding a prospective resource family for the purpose of conducting, and as necessary to conduct, a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
(d)
For purposes of this section, the term Indian tribe means Indian tribe as defined in subdivision (a) of Section 224.1 of the Welfare and Institutions Code.
Cal. Health and Safety Code - HSC § 1517.3. Section 1517.3.
(a)
A person shall not incur civil liability as a result of providing the department with either of the following:
(1)
A foster family agency’s log of resource families that have been approved or have had approval rescinded.
(2)
Notification of a foster family agency’s determination to rescind the approval of a resource family due to any of the following actions by a resource family parent:
(A)
Violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any other applicable law.
(B)
Aiding, abetting, or permitting the violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any other applicable law.
(C)
Conduct that poses a risk or threat to the health and safety, protection, or well-being of a child, or the people of the State of California.
(D)
Conviction at any time before or during his or her approval of a crime described in Section 1522.
(E)
Knowingly allowing a child to have illegal drugs, alcohol, or any tobacco product, as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
(F)
Committing an act of child abuse or neglect or an act of violence against another person.
(b)
The department, a county, or a foster family agency shall not incur civil liability for providing each other with information if the communication is for the purpose of aiding in the evaluation of an application for approval of a resource family by a foster family agency.
Cal. Health and Safety Code - HSC § 1517.4. Section 1517.4.
(a)
(1)
A foster family agency shall place a resource family on inactive status upon notification by the resource family in accordance with this section and the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(2)
For purposes of this section, and notwithstanding Section 1517 of this code or Section 16519.5 of the Welfare and Institutions Code, “inactive status” means a period of time during which a resource family is not eligible to provide foster care for a child and is not subject to an approval update.
(b)
The written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code shall include, but not be limited to, all of the following:
(1)
The method by which a resource family shall notify a foster family agency of the following:
(A)
A request to be placed on inactive status.
(B)
A request to end inactive status.
(2)
The actions to be taken by a foster family agency to end an inactive status.
(3)
Any time limitations on inactive status.
(4)
The circumstances under
which a foster family agency shall conduct inspections of the home of a resource family during a period of inactive status.
(c)
Nothing in this section or in Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code limits the authority of the department to enter and inspect the home of a resource family on inactive status in order to investigate a complaint or incident or to ensure unauthorized care and supervision is not being provided to a child.
(d)
A resource family shall maintain all approval standards required by Section 1517 upon ending inactive status.
(e)
This section does not limit the authority of the department to institute or continue an
administrative action against a resource family or any individual residing or regularly present in the home of a resource family during a period of inactive status.
Cal. Health and Safety Code - HSC § 1517.5. Section 1517.5.
(a)
A resource family currently approved by a foster family agency pursuant to this section or Section 1517 may be approved by a subsequent foster family agency upon the successful completion of activities, as specified by the department, which shall include, but not be limited to, all of the following:
(1)
The resource family shall complete the following activities:
(A)
Submit an application for resource family approval to the subsequent foster family agency.
(B)
Notwithstanding paragraph (1) of subdivision (h) of Section 1522, comply with the criminal record clearance requirements set forth in Section 16519.5 of the Welfare and
Institutions Code as part of an approval update with the subsequent foster family agency, including the submission of fingerprints pursuant to Section 8712 of the Family Code.
(C)
Cooperate with the subsequent foster family agency in conducting an approval update, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(2)
(A)
The subsequent foster family agency shall complete all of the following activities:
(i)
Conduct a background check of the resource family and all adults residing or regularly present in the home in accordance with Section 1517 and as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(ii)
Conduct a reference check pursuant to Section 1517.2.
(iii)
Complete an approval update for the resource family, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(I)
The subsequent foster family agency shall request a copy of the written report completed pursuant to Section 1517, any updates to the written report regarding the resource family from the current foster family agency, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or regulations adopted by the department, from the current foster family agency.
(II)
The current foster family agency shall forward
a copy of the written report completed pursuant to Section 1517, any updates to the written report regarding the resource family to the subsequent foster family agency, and documents in the resource family case record, including any updates to the resource family case record, as specified in the written directives or regulations adopted by the department, to the subsequent foster family agency within 20 business days of receipt of the request.
(B)
(i)
Notwithstanding subparagraph (A), a subsequent foster family agency shall not approve or deny an application if there is a pending investigation that poses a health and safety risk or a pending administrative action against the applicant or an adult residing in the home, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(ii)
A subsequent foster family agency may approve or deny the application after the investigation or administrative action has concluded, and the subsequent foster family agency confirms the applicant is still eligible to apply for approval and does not pose a health and safety risk to children or nonminor dependents.
(b)
A resource family currently approved by a county pursuant to Section 16519.5 of the Welfare and Institutions Code may be approved by a subsequent foster family agency upon the successful completion of activities, as specified by the department, which shall include, but not be limited to, all of the following:
(1)
The resource family shall complete all of the following activities:
(A)
Submit an application for resource family approval to the subsequent foster family agency.
(B)
Notwithstanding paragraph (1) of subdivision (h) of Section 1522, comply with the criminal record clearance requirements set forth in Section 16519.5 of the Welfare and Institutions Code as part of an approval update with the subsequent foster family agency, including the submission of fingerprints pursuant to Section 8712 of the Family Code.
(C)
Cooperate with the subsequent foster family agency in conducting an approval update, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(2)
(A)
The subsequent foster family agency shall complete all of the following activities:
(i)
Conduct a background check of the resource family and all adults
residing or regularly present in the home in accordance with Section 1517 and as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(ii)
Conduct a reference check pursuant to Section 1517.2.
(iii)
Complete an approval update for the resource family, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(I)
The subsequent foster family agency shall request a copy of the written report completed pursuant to Section 16519.5 of the Welfare and Institutions Code, any updates to the written report regarding the resource family, and documents in the resource family file, including any updates to the resource family file, as specified in the
written directives or regulations adopted by the department, from the county.
(II)
The county shall forward a copy of the written report and any updates to the written report completed pursuant to Section 16519.5 of the Welfare and Institutions Code regarding the resource family, and documents in the resource family file, including any updates to the resource family file, as specified in the written directives or regulations adopted by the department, to the subsequent foster family agency within 20 business days of receipt of the request.
(B)
(i)
Notwithstanding subparagraph (A), a subsequent foster family agency shall not approve or deny an application if there is a pending investigation that poses a health and safety risk or a pending administrative action against the applicant or an adult residing in the home as specified in the written directives or
regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(ii)
A subsequent foster family agency may approve or deny the application after the investigation or administrative action has concluded, and the subsequent foster family agency confirms the applicant is still eligible to apply for approval and does not pose a health and safety risk to children or nonminor dependents.
(c)
Resource family approval by a current foster family agency or a county shall be forfeited by operation of law upon approval as a resource family by a subsequent foster family agency in accordance with this section.
(d)
A resource family approved pursuant to this section shall comply with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code
and comply with other applicable federal and state laws in order to maintain approval.
(e)
Effective October 1, 2024, or upon the effective date of the act that added this subdivision, whichever is later, the rate paid on behalf of a child or nonminor dependent to an approved resource family approved by a licensed foster family agency or county child welfare agency that has applied to transfer their approval to a licensed foster family agency pursuant to this section shall be the rate most recently established for the child or nonminor dependent pursuant to Section 11461. Upon approval of the resource family by the foster family agency pursuant to this section, the rate may be adjusted based on the needs of the child, consistent with guidance provided by the department.
(f)
(1)
Effective October 1, 2024, or upon the effective date of the act that added this subdivision, whichever is later, the department may temporarily waive provisions of this section to facilitate the expedient transfer of the approval of a resource family approval that was approved by a licensed foster family agency pursuant to this section or Section 1517 to another licensed foster family agency. Waivers pursuant to this subdivision shall not include waivers of background check requirements.
(2)
It is the intent of the Legislature that, as part of this process, the department provide, on a timely basis, any information and documentation related to pending investigations and administrative actions against the resource family to the foster family agency to facilitate decisions regarding approval of the resource family.
(3)
This subdivision shall be inoperative on
January 1, 2027.
(g)
For purposes of this section, the following definitions apply:
(1)
“Current foster family agency” means a foster family agency by which a resource family is currently approved pursuant to this section or Section 1517.
(2)
“Subsequent foster family agency” means a foster family agency to which a resource family has submitted an application for resource family approval pursuant to this section.
(3)
“County” means a county child welfare
or probation department by which a resource family is currently approved pursuant to Section 16519.5 of the Welfare and Institutions Code.
Cal. Health and Safety Code - HSC § 1518. Section 1518.
(a)
Nothing in this chapter shall authorize the imposition of rent regulations or controls for licensed community care facilities.
(b)
Licensed community care facilities shall not be subject to controls on rent imposed by any state or local agency or other local government or entity.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026