BILL NUMBER: SB 524 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2015
INTRODUCED BY Senator Lara
FEBRUARY 26, 2015
An act to amend Section 1505 of, and to add Section
1502.2 to to, the Health and Safety
Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 524, as amended, Lara. Alternative treatment
facilities Private alternative therapeutic
institutions for youth.
Existing law, the California Community Care Facilities Act (the
act), provides for the licensure and regulation of community care and
residential facilities by the State Department of Social Services.
Under existing law, the act does not apply to certain
facilities, including, among others, any school dormitory or similar
facility determined by the department. Existing law makes a
violation of any of these provisions is punishable
as a misdemeanor.
This bill would define "private alternative treatment and
education facility therapeutic institution for
youth," for purposes of the act. act, and
would specify that the act applies to those institutions. The
bill would prohibit a person, firm, partnership, association,
organization, or corporation from operating, establishing, managing,
conducting, or maintaining this type of treatment and
education facility institution unless the
facility institution is
licenced licensed by the department and
components of the program are accredited by an approved
organization, as specified. department. The bill would
require the department, no later than June 1, 2016, to adopt
regulations establishing oversight and monitoring of private
alternative therapeutic institutions for youth that, at a minimum,
ensure the physical and mental well-being of youth in those
institutions, and create mandated personal rights for those youth.
The bill would prohibit the department from licensing a
private alternative therapeutic institution for youth
unless all therapeutic components of the program
s provided at the institution are licensed by the appropriate
agency or department. By adding private alternative
treatment and education facilities therapeutic
institutions for youth to the act, this bill would create a new
crime, thereby imposing 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. The Legislature finds and declares all of the
following:
(a) Since the 1990s, hundreds of nontraditional treatment programs
that are intended to be less restrictive treatment options for
children with significant behavioral issues have been established
nationwide, with thousands of allegations of abuse, including death.
(b) There are currently facilities operating within California
that are not licensed by the State Department of Social Services.
(c) These facilities are often owned and operated by nonprofit
organizations described in Section 501(c)(3) of the Internal Revenue
Code.
(d) These facilities advertise services for youth with behavioral
issues to families who may feel they have no other options.
(e) Former students have formed national and local organizations
to expose the trauma and abuse they experienced at these facilities.
(f) Students at these facilities are previous victims of trauma,
have experienced parental rejection based on actual or perceived
sexual orientation or gender identity, and have mental health and
substance use issues.
(g) It is the role of the Legislature to ensure proper licensing
and regulation of residential facilities for the protection and care
of all citizens.
SEC. 2. Section 1502.2 is added to the Health and Safety Code, to
read:
1502.2. (a) "Private alternative treatment and education
facility therapeutic institution for youth"
means any residential facility or program operated by a private
entity with a focus on serving children
persons 18 years of age and younger with emotional, behavioral,
or mental health issues or disorders, and that provides any of the
following:
(1) A program with wilderness or outdoor experience, expedition,
or intervention.
(2) A boot camp experience or other experience designed to
simulate characteristics of basic military training or correctional
regimes.
(3) A therapeutic boarding school.
(4) A behavior modification program.
(b) A person, firm, partnership, association, organization, or
corporation shall not operate, establish, manage, conduct, or
maintain a private alternative treatment and education
facility therapeutic institution for youth,
unless the facility is licensed by the department and all
components of the program are accredited by an independent nonprofit
accrediting organization approved by the department.
(c) A private alternative treatment and education facility for
youth shall, at a minimum, afford each student, resident, or
participant the rights guaranteed in Section 84072 of Title 22 of the
California Code of Regulations.
(d) A resolution, bylaw, rule, ordinance, or any other act or
authority permitting or authorizing the operation of a private
alternative treatment and education facility for youth that does not
comply with this section is void and unenforceable.
(c) The department shall adopt regulations no later than June 1,
2016, establishing oversight and monitoring of private alternative
therapeutic institutions for youth that, at a minimum, ensure the
physical and mental well-being of youth in those institutions, and
create mandated personal rights for those youth.
(d) The department shall not license a private alternative
therapeutic institution for youth unless all therapeutic components
of the programs provided at the institution are licensed by the
appropriate agency or department.
SEC. 3. Section 1505 of the Health and
Safety Code is amended to read:
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. department, except a private
alternative therapeutic institution for youth as defined in Section
1502.2.
(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 placement for nonminor dependents, as defined in subdivision
(w) of Section 11400 of the Welfare and Institutions Code, who are
placed by the juvenile court, supervised by the county welfare
department, probation department, Indian tribe, consortium of tribes,
or tribal organization that entered into an agreement pursuant to
Section 10553.1 of the Welfare and Institutions Code, and whose
placement is approved pursuant to subdivision (k) of Section 11400 of
the Welfare and Institutions Code.
(4) A Transitional Housing Program-Plus, as defined in subdivision
(s) of Section 11400 of the Welfare and Institutions Code, that
serves only eligible former foster youth over 18 years of age who
have exited from the foster care system on or after their 18th
birthday, and that has obtained certification from the applicable
county in accordance with subdivision (c) of Section 16522 of the
Welfare and Institutions Code.
(m) 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. 1715 l ), where supportive services are made
available to residents at their option, as long as the project owner
or operator does not contract for or provide the supportive services.
(B) 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) A resource family, as defined in Section 16519.5 of the
Welfare and Institutions Code
(r) Any similar facility determined by the director.
SEC. 3. 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.