1500-1518
HEALTH AND SAFETY CODE
SECTION 1500-1518
1500. This chapter shall be known and may be cited as the
California Community Care Facilities Act.
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.
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, 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, 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.
Children, including nonminor dependents, with developmental
disabilities, mental disorders, or physical disabilities may be
placed in licensed foster family homes or certified family homes,
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, 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.
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.
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 day care, 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 director, 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 organization engaged in the
recruiting, certifying, and training of, and providing professional
support to, foster parents, or in finding homes or other places for
placement of children for temporary or permanent care who require
that level of care as an alternative to a group home. Private foster
family agencies shall be organized and operated on a nonprofit basis.
(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) "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 Mental Health pursuant to
Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to 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) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) 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.
(B) Assesses the birth parents, prospective adoptive parents, or
child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
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 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) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assesses the prospective adoptive parents.
(B) 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.
(C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
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 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 facility" means a community
care facility licensed by the department pursuant to Section 1559.110
to provide transitional housing opportunities to persons at least 17
years of age, and not more than 18 years of age unless the
requirements of Section 11403 of the Welfare and Institutions Code
are met, who are in out-of-home placement under the supervision of
the county department of social services or the county probation
department, and who are participating in an independent living
program.
(b) "Department" or "state department" means the State Department
of Social Services.
(c) "Director" means the Director of Social Services.
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 persons, under 18 years of age, who are in need of
personal services, supervision, or assistance that is essential for
sustaining the activities of daily living, or for the protection of
the individual on a short-term basis. As used in this section,
"short-term" means up to 90 days from the date of admission.
(c) 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.
1502.4. (a) (1) A community care facility licensed as a group home
for children pursuant to this chapter may 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.
(2) For the purpose of this chapter, the following definitions
shall apply:
(A) "Inpatient care in a licensed health facility" means care and
supervision at a level greater than incidental medical services as
specified in Section 1507.
(B) "Seriously emotionally disturbed" means the same as paragraph
(2) of 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 11462.01 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 of the Welfare and Institutions Code or by a licensed mental
health professional, as defined in Sections 629 to 633, inclusive, of
Title 9 of the California Code of Regulations.
(B) A licensed mental health professional pursuant to paragraph
(3) of subdivision (i), or subdivision (j), of Section 11462.01 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 Mental
Health, pursuant to Section 4096.5 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 and paragraph
(3) of subdivision (f) of Section 11462.01 of the Welfare and
Institutions Code.
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)).
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.
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.
1503. As used in this chapter, "license" means a basic permit to
operate a community care facility.
A license shall not be transferable.
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 paragraph (9) of subdivision (a)
of Section 1502 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.
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.
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.
(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 problemsolving 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.
(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 his or her own name and
is responsible for paying his or her own rent.
(ii) Has his or her 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 he or
she pays his or her share of rent and complies with the terms of his
or her 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 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.
1505. This chapter does not apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any juvenile placement facility approved by the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, or any
juvenile hall operated by a county.
(d) Any place in which a juvenile is judicially placed pursuant to
subdivision (a) of Section 727 of the Welfare and Institutions Code.
(e) Any child day care facility, as defined in Section 1596.750.
(f) Any 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
upon prayer or spiritual means for healing in the practice of the
religion of the church or denomination.
(g) Any school dormitory or similar facility determined by the
department.
(h) Any 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 director.
(i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
(j) Any alcoholism or drug abuse recovery or treatment facility as
defined by Section 11834.11.
(k) Any arrangement for the receiving and care of persons by a
relative or any 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 shall include relatives
of the child for the purpose of keeping sibling groups together.
(l) (1) Any 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) Any 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 setting 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, or Indian tribe 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) On and after January 1, 2012, a THP-Plus Foster Care setting,
for nonminor dependents, as defined in subdivision (x) of Section
11400 of the Welfare and Institutions Code, who are placed by the
juvenile court, supervised by the county welfare department or
probation department and the placement of whom is approved, in
accordance with subdivision (k) of Section 11400 of the Welfare and
Institutions Code.
(m) Any supported living arrangement for individuals with
developmental disabilities, as defined in Section 4689 of the Welfare
and Institutions Code.
(n) (1) Any 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) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home licensing
category.
(o) Any 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) Any 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 whose mortgage is insured pursuant to Section 236 of Public
Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage
assistance pursuant to Section 221d (3) of Public Law 87-70 (12
U.S.C. Sec. 1715l), 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) Any 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) Any similar facility determined by the director.
1505.2. A licensing agency may authorize a foster family home to
provide 24-hour care for up to eight foster children, for the purpose
of placing siblings or half siblings together in foster care. This
authorization may be granted only if all of the following conditions
are met:
(A) The foster family home is not a specialized foster care home
as defined in subdivision (i) of Section 17710 of the Welfare and
Institutions Code.
(B) The home is sufficient in size to accommodate the needs of all
children in the home.
(C) For each child to be placed, the child's placement social
worker has determined that the child's needs will be met and has
documented that determination.
The licensing agency may authorize a foster family home to provide
24-hour care for more than eight children only if the foster family
home specializes in the care of sibling groups, that placement is
solely for the purpose of placing together one sibling group that
exceeds eight children, and all of the above listed conditions are
met.
1505.5. 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 frail elderly persons, functionally impaired adults,
or mentally disordered persons 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.
No facility shall accept persons in need of care beyond the level
of care for which that facility is licensed.
1506. (a) (1) Any holder of a valid license issued by the
department that authorizes the licensee to engage in foster family
agency functions, may use only a certified family home that has been
certified by that agency or a licensed foster family home approved
for this use by the licensing county pursuant to Section 1506.5.
(2) Any home selected and certified for the reception and care of
children by that licensee shall not, during the time it is certified
and used only by that agency for these placements or care, be subject
to Section 1508. A certified family home may not be concurrently
licensed as a foster family home or as any other licensed residential
facility.
(3) A child with a developmental disability who is placed in a
certified family home 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 after the age of 18 years.
The determination regarding whether and how long he or she may remain
as a resident after the age of 18 years shall be made through the
agreement of all parties involved, including the resident, the foster
parent, 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 prior to the child's 18th birthday. The
assessment shall be documented and maintained in the child's file
with the foster family agency.
(b) (1) A foster family agency shall certify to the department
that the home has met the department's licensing standards. A foster
family agency may require a 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 12 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, it shall notify the department and the local placing
agency.
(c) The department shall develop licensing regulations
differentiating between foster family agencies that provide treatment
of children in foster families and those that provide nontreatment
services.
(d) As used in this chapter, "certified family home" means a
family residence certified by a licensed foster family agency and
issued a certificate of approval by that agency as meeting licensing
standards, and used only by that foster family agency for placements.
(e) (1) Requirements for social work personnel for a foster family
agency shall be a master's degree from an accredited or state
approved graduate school in social work or social welfare, or
equivalent education and experience, as determined by the state
department.
(2) Persons who possess a master's degree from an accredited or
state approved graduate school in any of the following areas, or
equivalent education and experience, as determined by the state
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 4986.10 of the Business and Professions Code.
(H) Education, with emphasis on counseling.
(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 (f) may apply for an exception as provided for in
subdivisions (g) and (h).
(B) Exceptions granted by the department prior to 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 prior to 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) 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.
(h) The State Department of Social Services shall be required to
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.
(i) The department shall review the feasibility of instituting a
licensure category to cover foster homes that are established
specifically to care for and supervise adults with developmental
disabilities, as defined in subdivision (a) of Section 4512 of the
Welfare and Institutions Code, to prevent the institutionalization of
those individuals.
(j) For purposes of this section, "social work personnel" means
supervising social workers as well as nonsupervisory social workers.
1506.3. (a) A foster family agency that provides treatment of
children in foster families shall employ one full-time social work
supervisor for every eight social workers or fraction thereof in the
agency.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed.
1506.5. (a) Foster family agencies shall not use foster family
homes licensed by a county without the approval of the licensing
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 given, and for the duration of the agreement
permitting the foster family agency use of its licensed foster family
home, 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 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) 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 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.
1506.6. 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. A foster family agency
shall not certify a family home which 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.
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.
1506.8. 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.
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.
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 Mental Health, the
Association of Regional Center Agencies, and provider associations in
the development of the regulations required by subdivision (e).
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.
1507.2. Notwithstanding any other provision of 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
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 the
age of 18 years, 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
certifying or licensing agency.
1507.25. (a) (1) Notwithstanding any other provision of 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 his or her 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 small family home parent.
(E) A certified parent of a foster family agency.
(F) A substitute caregiver of a foster family home or a certified
family home.
(G) A direct care staff member of a small family home or a group
home.
(3) The licensed health care professional shall periodically
review, correct, or update training provided pursuant to this section
as he or she deems necessary and appropriate.
(b) (1) Notwithstanding any other provision of 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 his or her 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 memb