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SB-119 Emergency youth shelter facilities.(2011-2012)

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SB119:v96#DOCUMENT

Amended  IN  Assembly  June 30, 2011
Amended  IN  Assembly  June 21, 2011
Amended  IN  Senate  March 21, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill
No. 119


Introduced  by  Senator Lowenthal
Liu (Coauthor(s): Senator Evans, Liu)
(Coauthor(s): Assembly Member Ammiano)

January 24, 2011


An act to amend Section 1502 of, and to add Sections 1502.35 and 1530.85 to, the Health and Safety Code, relating to community care facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 119, as amended, Lowenthal. Emergency youth shelter facilities.
The California Community Care Facilities Act provides for the licensing and regulation of community care facilities, as defined, a violation of which is a misdemeanor.
This bill would include with the definition of a community care facility an emergency youth shelter facility, as defined, for specified minors under youth at least 12 years of age and under 18 years of age, except as specified, who are homeless or at risk of being homeless. The bill would require the department to adopt regulations for these facilities by January 1, 2013, as specified, which, once adopted, would be the only licensing standards applicable to emergency youth shelters. Until the adoption of the regulations, the bill would require the department to grant facilities that satisfy the definition of an emergency youth shelter a waiver or exception for existing licensing standards, under certain circumstances. This bill would allow an emergency youth shelter that is operating under a group home license to apply for an immediate transfer to an emergency youth shelter license, upon adoption of the regulations required under the bill. The bill would authorize a facility licensed as a group home to provide emergency youth shelter services to youth, including foster youth.
By expanding the definition of a community care facility, this bill would change the definition of an existing crime, thus creating a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1502 of the Health and Safety Code is amended to read:

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.
(13) “Emergency youth shelter facility” means a group care facility that provides voluntary temporary emergency shelter and case management to youth under at least 12 years of age and under 18 years of age, except as provided in paragraph (2) of subdivision (b) of Section 1502.35, including youth under 18 years of age who are emancipated pursuant to Part 6 (commencing with Section 7000) of Division 11 of the Family Code, and that satisfies the requirements of Section 1502.35.
(b) “Department” or “state department” means the State Department of Social Services.
(c) “Director” means the Director of Social Services.

SEC. 2.

 Section 1502.35 is added to the Health and Safety Code, to read:

1502.35.
 In order to be licensed under this chapter as an emergency youth shelter facility, a facility shall satisfy all of the following criteria:
(a) The facility shall offer voluntary short-term shelter care, case management, and supervision, on a 24-hour basis, to individuals described in subdivision (b).
(b) The facility shall serve youth under at least 12 years of age and under 18 years of age, except as provided in paragraph (2), including youth who have emancipated pursuant to Part 6 (commencing with Section 7000) of Division 11 of the Family Code, and who are homeless or at risk of being homeless. These youth may include any of the following:
(1) Foster youth who have left their foster care placements.
(2) Youth 18 years of age, in order to complete high school or its equivalent, or to finish the high school year.
(3) Youth who satisfy the definitions contained in paragraph (2) or (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a (2),(6)).
(c) The facility shall be owned and operated on a nonprofit basis, by a private nonprofit corporation, a nonprofit organization, or a public agency.
(d) The facility shall have a maximum capacity of 25 residents.

SEC. 3.

 Section 1530.85 is added to the Health and Safety Code, to read:

1530.85.
 (a) No later than January 1, 2013, the department shall adopt regulations for licensed emergency youth shelter facilities that care for youth, as described in subdivision (b) of Section 1502.35, who are homeless or at risk of becoming homeless.
(b) Regulations adopted pursuant to this section shall include physical environment standards, including staffing and staff training, health and safety requirements, size limitations, health and hygiene of the facility, service provision, and eligibility to access services. These standards may meet, but shall not exceed, state child care transitional shelter care facility standards under Title 22 of the California Code of Regulations.
(c) In developing the regulations required by this section, the department shall consult with interested parties by convening a meeting that shall include, but not be limited to, representatives of provider organizations that serve homeless or runaway youth, and youth who have accessed emergency youth shelter services.
(d) If a facility that satisfies the definition of an emergency youth shelter is already operating on the effective date of the act that added this section before regulations pursuant to this section are adopted, the department shall grant the facility a waiver or exception for any existing licensing standard that is inappropriate for an emergency youth shelter, provided that the waiver or exception does not adversely affect the health, safety, or personal rights of youth in the shelter. Following their adoption, the regulations adopted pursuant to this section shall constitute the only licencing standards applicable to an emergency youth shelter.
(e) Upon implementation of the regulations adopted under this section, a facility that is operating under a group home license, and that satisfies the criteria in Section 1502.35, may apply to immediately transfer its existing license to an emergency youth shelter license.

(f)A facility licensed as a group home shall also have authority to provide emergency youth shelter services to youth, including foster youth, as described in subdivision (b) of Section 1502.35.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.