California Senate Bill SB524 Amended / Bill

 BILL NUMBER: SB 524AMENDED 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.