Bill Text: CA AB346 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Runaway and homeless youth shelters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-02 - Chaptered by Secretary of State - Chapter 485, Statutes of 2013. [AB346 Detail]

Download: California-2013-AB346-Amended.html

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BILL NUMBER: AB 346	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Stone

                        FEBRUARY 13, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 346, as amended, Stone. Emergency youth shelter facilities.
   Existing law, the California Community Care Facilities Act,
provides for the licensing and regulation of community care
facilities, as defined, by the State Department of Social Services. A
violation of the act is a misdemeanor.
   This bill would include within the definition of a community care
facility an emergency youth shelter facility, as defined. The bill
would require the department to license emergency youth shelter
facilities that have met specified requirements, including the
requirement that facility staff shall offer short-term, 24-hour
nonmedical care and supervision and personal services to up to 25
youths who voluntarily enter the facility. The bill would require the
department to adopt regulations to implement these provisions 
and provide that, until those regulations become effective, the
department may implement these provisions by publishing information
releases or similar instructions from the director  .
   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.
State-mandated 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 Health Care Services 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 provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age and
not more than 18 years of age, and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, 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 and maintains a structured
environment with services provided at least in part by staff employed
by the licensee. The care and supervision provided by a group home
shall be nonmedical, except as  oth   erwise 
permitted by  Section 1507.25 and subdivision (b) of Section
17736 of the Welfare and Institutions Code.   law. 

   (14) "Emergency youth shelter facility" means a group home
licensed by the department pursuant to Section 1502.35 to provide
voluntary, short-term, emergency shelter and personal services to
youth who are homeless or at risk of homelessness, as provided in
paragraph (2) of subdivision (a) 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.  (a) The department shall license emergency youth shelter
facilities as group homes pursuant to this  section
  chapter  . Emergency youth shelter facilities
shall meet all of the following requirements:
   (1) The facility shall offer short-term, 24-hour, nonmedical care
and supervision and personal services to youth who voluntarily enter
the facility. As used in this paragraph, "short-term" means no more
than 21 consecutive days from the date of admission.
   (2) The facility shall serve only youth who are both of the
following:
   (A) Homeless or at risk of becoming homeless. As used in this
paragraph, youth who are "homeless or at risk of becoming homeless"
include youth who meet the definitions of "homeless children and
youths" and "unaccompanied youth" contained in Section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2) and
(6)).
    (B) Twelve to 17 years of age, inclusive, including youth who
have emancipated pursuant to Chapter 3 (commencing with Section 7110)
of Part 6 of Division 11 of the Family Code, or 18 years of age if
the youth is completing high school or its equivalent.
   (3) The facility shall have a maximum capacity of 25 youths.

   (4) Facility staff shall, prior to admission into the facility,
determine if a youth poses a threat to himself or herself or others
in the facility. A youth may not be admitted into the facility if it
is determined that the youth poses such a threat.  
   (5) Facility staff shall assess youth served within 72 hours of
admission to the facility.  
   (6) Facility staff shall assist youth served in obtaining
emergency health-related services.  
   (7) 
    (4)  The facility shall have a ratio of one staff person
to every eight youths. For purposes of this paragraph, a volunteer
 shall   may  be counted in the
staff-to-youth ratio if the volunteer has satisfied the same training
requirements as a paid facility staff member  and other
requirements   set forth in regulations  , and a paid
facility staff member is present during the time the volunteer is on
duty. 
   (8) 
    (5)  Bunk beds may be permitted in the facility, but
shall not consist of more than two tiers. 
   (9) 
    (6)  The facility shall be owned and operated on a
nonprofit basis by a private nonprofit corporation, a nonprofit
organization, or a public agency. 
   (b) Facility staff shall, prior to admission into the facility,
determine if a youth poses a threat to himself or herself or others
in the facility. A youth may not be admitted into the facility if it
is determined that the youth poses such a threat.  
   (c) Facility staff shall assess youth served within 72 hours of
admission to the facility.  
   (d) Facility staff shall assist youth served in obtaining
emergency health-related services.  
   (b) An emergency youth shelter facility shall not be a placement
option pursuant to Sections 319, 631.2, 450, and 727 of the Welfare
and Institutions Code.  
   (c) An emergency youth shelter facility shall not be eligible for
a rate pursuant to Section 11462 of the Welfare and Institutions
Code.  
   (d) 
    (e)  Prior to employment or interaction with youth at an
emergency youth shelter facility, all  staff and volunteers
  persons specified in subdivision (b) of Section 1522
 shall  undergo   complete  a criminal
 background check   record review 
pursuant to Section 1522 and  have their names checked on the
  a  Child Abuse  Central  Index 
check  pursuant to Section 1522.1. 
   (e) 
    (f)  An emergency youth shelter facility 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) Name of each youth served.
   (3) Age of each youth served.
   (4) Length of stay of each youth served.
   (5) Number of times a youth accesses shelter and services at the
facility. 
   (f) 
    (g)  Notwithstanding Section 1522.43, the department
shall not require an emergency youth shelter facility 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. Nothing in
this subdivision precludes the department from requiring an emergency
youth shelter facility to maintain an assessment, as defined by the
department, for youths served. 
   (g) 
    (h)  The department may license a facility pursuant to
this section if the facility is operating in two physical locations
on or before January 1, 2013, with only one physical location
providing overnight residential care, and the facility meets the
requirements of this section. If a facility described in this
subdivision is licensed pursuant to this section, the department
shall permit the facility to retain its two physical locations and
issue a license for each physical location. 
   (i) An emergency youth shelter facility shall not be a placement
option pursuant to Sections 319, 361.2, 450, and 727 of the Welfare
and Institutions Code.  
   (j) An emergency youth shelter facility shall not be eligible for
a rate pursuant to Section 11462 of the Welfare and Institutions
Code.  
   (h) 
    (k)  On or before December 1, 2014, 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. 
   (l) 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 (k) become effective. 

  SEC. 3.  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.