2007 California Health and Safety Code Article 3. Regulations

CA Codes (hsc:1530-1539)

1530.  The state department shall adopt, amend, or repeal, in
accordance with Chapter 4.5 (commencing with Section 11371) of Part 1
of Division 3 of Title 2 of the Government Code, such reasonable
rules, regulations, and standards as may be necessary or proper to
carry out the purposes and intent of this chapter and to enable the
state department to exercise the powers and perform the duties
conferred upon it by this chapter, not inconsistent with any of the
provisions of any statute of this state.
   Such regulations shall designate separate categories of licensure
under which community care facilities shall be licensed pursuant to
this chapter, which shall include a separate license category for
residential care facilities for the elderly.  Such regulations shall
also designate the specialized services which community care
facilities may be approved to provide pursuant to this chapter.




1530.1.  (a) The department shall adopt regulations, in consultation
with providers, consumers, and other interested parties, to combine
adult day care and adult day support centers licensing categories
into one category, which shall be designated adult day programs.
   (b) The consolidated regulations shall take into account the
diversity of consumers and their caregivers, and the role of
licensing in promoting consumer choice, health and safety,
independence, and inclusion in the community.
   (c) The department shall also take into account the diversity of
existing programs designed to meet unique consumer needs, including,
but not limited to, programs serving elders with cognitive or
physical impairments, non-facility-based programs serving persons
with developmental disabilities, respite-only programs, and other
programs serving a unique population.


1530.3.  The director shall report to the Legislature during the
2007-08 budget hearings on the progress of the department's children'
s residential regulation review workgroup. The report shall include
all of the following:
   (a) A summary of the activities of the workgroup up to the date of
the report.
   (b) The timeline for completion of the workgroup's activities.
   (c) Any recommendations being considered for statutory,
regulatory, and policy changes, and any workplan for the
implementation of those recommendations.



1530.5.  (a)  The department, in establishing regulations, including
provisions for periodic inspections, under this chapter for foster
family homes and certified family homes of foster family agencies,
shall consider these homes as private residences, and shall establish
regulations for these foster family homes and certified family homes
of foster family agencies as an entirely separate regulation package
from regulations for all other community care facilities. Certified
family homes of foster family agencies shall not be subject to civil
penalties pursuant to this chapter. Foster family homes shall not be
subject to civil penalties pursuant to Section 1548, except for
violations of a serious nature described in subdivision (b) of that
section. Foster family homes also shall be subject to civil penalties
pursuant to Sections 1522 and 1547. The department, in adopting and
amending regulations for these foster family homes and certified
family homes of foster family agencies, shall consult with foster
parent and foster family agency organizations in order to ensure
compliance with the requirement of this section.
   (b)  This section shall not apply to small family homes or foster
family agencies as defined in Section 1502.



1530.6.  Notwithstanding any other provision of law, persons
licensed pursuant to this chapter to provide residential foster care
to a child either placed with them pursuant to order of the juvenile
court or voluntarily placed with them by the person or persons having
legal custody of such child, may give the same legal consent for
that child as a parent except for the following:  (1) marriage; (2)
entry into the armed forces; (3) medical and dental treatment, except
that consent may be given for ordinary medical and dental treatment
for such child, including, but not limited to, immunizations,
physical examinations, and X-rays; and (4) if the child is
voluntarily placed by the parent or parents, those items as are
agreed to in writing by the parties to the placement.
   To this effect, the state department shall prescribe rules and
regulations to carry out the intent of this section.
   This section does not apply to any situation in which a juvenile
court order expressly reserves the right to consent to those
activities to the court.



1530.8.  (a) (1) The department shall adopt regulations for
community care facilities licensed as group homes, and for temporary
shelter care facilities as defined in subdivision (c), that care for
dependent children, children placed by a regional center, or
voluntary placements, who are younger than 6 years of age.  The
department shall adopt these regulations after assessing the needs of
this population and developing standards pursuant to Section 11467.1
of the Welfare and Institutions Code.
   (2) The department shall adopt regulations under this section that
apply to mother and infant programs serving children younger than
six years of age who reside in a group home with a minor parent who
is the primary caregiver of the child that shall be subject to the
requirements of subdivision (d).
   (b) The regulations shall include physical environment standards,
including staffing and health and safety requirements, that meet or
exceed state child care standards under Title 5 and Title 22 of the
California Code of Regulations.
   (c) For purposes of this section, a "temporary shelter care
facility" means any residential facility that meets all of the
following requirements:
   (1) It is owned and operated by the county.
   (2) It is a 24-hour facility that provides short-term residential
care and supervision for dependent children under 18 years of age who
have been removed from their homes as a result of abuse or neglect,
as defined in Section 300 of the Welfare and Institutions Code, or
both.
   (d) (1) By September 1, 1999, the department shall submit for
public comment regulations specific to mother and infant programs
serving children younger than six years of age who are dependents of
the court and reside in a group home with a minor child who is the
primary caregiver of the child.
   (2) The regulations shall include provisions that when the minor
parent is absent and the facility is providing direct care to
children younger than six years of age who are dependents of the
court, there shall be one child care staff person for every four
children of minor parents.
   (3) In developing these proposed regulations, the department shall
issue the proposed regulations for public comment, and shall refer
to existing national standards for mother and infant programs as a
guideline, where applicable.
   (4) Prior to preparing the proposed regulations, the department
shall consult with interested parties by convening a meeting by
February 28, 1999, that shall include, but not be limited to,
representatives from a public interest law firm specializing in
children's issues and provider organizations.



1530.9.  (a) The department shall, with the advice and assistance of
the State Department of Mental Health, counties, parent and children'
s advocacy groups, and group home providers, adopt regulations for
the licensing of licensed community treatment facilities at the
earliest possible date, but no later than December 31, 1994.
   (b) The regulations adopted pursuant to this section shall specify
requirements for facility operation and maintenance.
   (c) Program certification and standards enforcement shall be the
responsibility of the State Department of Mental Health, pursuant to
Section 4094 of the Welfare and Institutions Code.  The State
Department of Social Services shall not issue a community treatment
facility license unless the applicant has obtained certification of
compliance from the State Department of Mental Health.



1530.91.  (a)  Except as provided in subdivision (b) any care
provider that provides foster care for children pursuant to this
chapter shall provide each schoolage child and his or her authorized
representative, as defined in regulations adopted by the department,
who is placed in foster care, with an age and developmentally
appropriate orientation that includes an explanation of the rights of
the child, as specified in Section 16001.9 of the Welfare and
Institutions Code, and addresses the child's questions and concerns.

   (b) Any facility licensed to provide foster care for six or more
children pursuant to this chapter shall post a listing of a foster
child's rights specified in Section 16001.9 of the Welfare and
Institutions Code.  The office of the State Foster Care Ombudsperson
shall design posters and provide the posters to each facility subject
to this subdivision.  The posters shall include the telephone number
of the State Foster Care Ombudsperson.



1531.  The regulations for a license shall prescribe standards of
safety and sanitation for the physical plant and standards for basic
personal care, supervision, and services based upon the category of
licensure.
   The regulations for a special permit shall prescribe standards for
the quality of specialized services, including, but not limited to,
staffing with duly qualified personnel which take into account the
age, physical and mental capabilities, and the needs of the persons
to be served.
   The state department's regulations shall allow for the development
of new and innovative community programs.



1531.1.  (a) A residential facility licensed as an adult residential
facility, group home, small family home, foster family home, or a
family home certified by a foster family agency may install and
utilize delayed egress devices of the time delay type.
   (b) As used in this section, "delayed egress device" means a
device that precludes the use of exits for a predetermined period of
time. These devices shall not delay any resident's departure from the
facility for longer than 30 seconds.
   (c) Within the 30 seconds of delay, facility staff may attempt to
redirect a resident who attempts to leave the facility.
   (d) Any person accepted by a residential facility or family home
certified by a foster family agency utilizing delayed egress devices
shall meet all of the following conditions:
   (1) The person shall have a developmental disability as defined in
Section 4512 of the Welfare and Institutions Code.
   (2) The person shall be receiving services and case management
from a regional center under the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code).
   (3) An interdisciplinary team, through the Individual Program Plan
(IPP) process pursuant to Section 4646.5 of the Welfare and
Institutions Code, shall have determined that the person lacks hazard
awareness or impulse control and requires the level of supervision
afforded by a facility equipped with delayed egress devices, and that
but for this placement, the person would be at risk of admission to,
or would have no option but to remain in, a more restrictive state
hospital or state developmental center placement.
   (e) The facility shall be subject to all fire and building codes,
regulations, and standards applicable to residential care facilities
for the elderly utilizing delayed egress devices, and shall receive
approval by the county or city fire department, the local fire
prevention district, or the State Fire Marshal for the installed
delayed egress devices.
   (f) The facility shall provide staff training regarding the use
and operation of the egress control devices utilized by the facility,
protection of residents' personal rights, lack of hazard awareness
and impulse control behavior, and emergency evacuation procedures.
   (g) The facility shall develop a plan of operation approved by the
State Department of Social Services that includes a description of
how the facility is to be equipped with egress control devices that
are consistent with regulations adopted by the State Fire Marshal
pursuant to Section 13143.
   (h) The plan shall include, but shall not be limited to, all of
the following:
   (1) A description of how the facility will provide training for
staff regarding the use and operation of the egress control devices
utilized by the facility.
   (2) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code.
   (3) A description of how the facility will manage the person's
lack of hazard awareness and impulse control behavior.
   (4) A description of the facility's emergency evacuation
procedures.
   (i) Delayed egress devices shall not substitute for adequate
staff. The capacity of the facility shall not exceed six residents.
   (j) Emergency fire and earthquake drills shall be conducted at
least once every three months on each shift, and shall include all
facility staff providing resident care and supervision on each shift.



1531.2.  A prospective applicant for licensure shall be notified at
the time of the initial request for information regarding application
for licensure that, prior to obtaining licensure, the facility shall
secure and maintain a fire clearance approval from the local fire
enforcing agency, as defined in Section 13244, or the State Fire
Marshal, whichever has primary fire protection jurisdiction.  The
prospective applicant shall be notified of the provisions of Section
13235, relating to the fire safety clearance application.  The
prospective applicant for licensure shall be notified that the fire
clearance shall be in accordance with state and local fire safety
regulations.



1531.2.  (a) Upon the filing by the department of emergency
regulations with the Secretary of State, an adult day program, as
defined in Division 6 of Title 22 of the California Code of
Regulations, or Section 1502, that provides care and supervision for
adults with Alzheimer's disease and other dementias may install for
the safety and security of these persons secured perimeter fences or
egress control devices of the time-delay type on exit doors if they
meet all of the requirements for additional safeguards required by
those regulations.  The initial adoption of new emergency regulations
on and after January 1, 1999, shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health
and safety, or general welfare.
   (b) As used in this section, "egress control device" means a
device that precludes the use of exits for a predetermined period of
time.  An egress control device shall not delay any client's
departure from the facility for longer than 30 seconds.  Facility
staff may attempt to redirect a client who attempts to leave the
facility.
   (c) A facility that installs an egress control device pursuant to
this section shall meet all of the following requirements:
   (1) The facility shall be subject to all fire and building codes,
regulations, and standards applicable to adult day programs using
egress control devices or secured perimeter fences and before using
an egress control device shall receive a fire clearance from the fire
authority having jurisdiction for the egress control devices.
   (2) The facility shall require any client entering the facility to
provide documentation of a diagnosis by a physician of Alzheimer's
disease or other dementias, if such a diagnosis has been made.  For
purposes of this section, Alzheimer's disease shall include dementia
and related disorders that increase the tendency to wander, decrease
hazard awareness, and decrease the ability to communicate.
   (3) The facility shall provide staff training regarding the use
and operation of the egress control devices used by the facility, the
protection of clients' personal rights, wandering behavior and
acceptable methods of redirection, and emergency evacuation
procedures for persons with dementia.
   (4) All admissions to the facility shall continue to be voluntary
on the part of the client or with the lawful consent of the client's
conservator or a person who has the authority to act on behalf of the
client.  Persons who have the authority to act on behalf of a client
may include the client's spouse, relative or relatives, or
designated care giver or care givers.
   (5) Any client entering a facility pursuant to this section who
does not have a conservator or does not have a person with the
authority to act on his or her behalf shall sign a statement of
voluntary entry.  The facility shall retain the original statement in
the client's file at the facility.
   (6) The use of egress control devices or secured perimeter fences
shall not substitute for adequate staff.  Staffing ratios shall at
all times meet the requirements of applicable regulations.
   (7) Emergency fire and earthquake drills shall be conducted at
least once every three months, or more frequently as required by a
county or city fire department or local fire prevention district.
The drills shall include all facility staff and volunteers providing
client care and supervision.
   (8) The facility shall develop a plan of operation approved by the
department that includes a description of how the facility is to be
equipped with egress control devices that are consistent with
regulations adopted by the State Fire Marshal pursuant to Section
13143.  The plan shall include, but not be limited to, all of the
following:
   (A) A description of how the facility will provide training to
staff regarding the use and operation of the egress control device
utilized by the facility.
   (B) A description of how the facility will ensure the protection
of the residents' personal rights consistent with Sections 4502,
4503, and 4504 of the Welfare and Institutions Code.
   (C) A description of the facility's emergency evacuation
procedures for persons with Alzheimer's disease and other dementias.

   (d) This section does not require an adult day program to use
secured perimeters or egress control devices in providing care for
persons with Alzheimer's disease or other dementias.
   (e) The department shall adopt regulations to implement this
section in accordance with those provisions of the Administrative
Procedure Act contained in Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
   (f) The State Fire Marshal may also adopt regulations to implement
this section.



1531.3.  The State Fire Marshal shall establish separate fire and
panic safety standards and criteria for the evaluation of each
category of license described in subdivision (a) of Section 1502.
The State Fire Marshal shall take into consideration the
characteristics of the persons served by each facility in
establishing these standards and criteria.



1531.4.  On and after January 1, 1999, no security window bars may
be installed or maintained on any community care facility unless the
security window bars meet current state and local requirements, as
applicable, for security window bars and safety release devices.



1531.5.  (a) The State Department of Social Services shall not deny
a license for a foster family home solely on the basis that the
applicant is a parent who has administered corporal punishment not
constituting child abuse, or will continue to administer such
corporal punishment, to his or her own children.
   (b) Nothing in this section shall be construed to prevent the
state department from denying a license for a foster care home where
the applicant has been found by the state department to have engaged
in child abuse.
   (c) As used in this section, "child abuse" means a situation in
which a child suffers from any one or more of the following:
   (1) Serious physical injury inflicted upon the child by other than
accidental means.
   (2) Harm by reason of intentional neglect or malnutrition or
sexual abuse.
   (3) Going without necessary and basic physical care.
   (4) Willful mental injury, negligent treatment, or maltreatment of
a child under the age of 18 by a person who is responsible for the
child's welfare under circumstances which indicate that the child's
health or welfare is harmed or threatened thereby, as determined in
accordance with regulations prescribed by the Director of Social
Services.
   (5) Any condition which results in the violation of the rights or
physical, mental, or moral welfare of a child or jeopardizes the
child's present or future health, opportunity for normal development,
or capacity for independence.
   (d) Nothing in this section shall be construed to permit a foster
parent to administer any corporal punishment to a foster child.




1532.  The Committee on Community Care Facilities of the State
Social Services Advisory Board shall advise the director regarding
regulations, policy, and administrative practices pertaining to
community care facilities. The committee shall review proposed
regulations for community care facilities, and submit its written
comments to the director prior to the adoption of these regulations.

   The committee shall be solely advisory in character and shall not
be delegated any administrative authority or responsibility.
Committee members shall be selected from concerned interests,
including representatives of professional associations, providers and
employees of care and services, and consumers of community care
facility services.



1533.  Except as otherwise provided in this section, any duly
authorized officer, employee, or agent of the State Department of
Social Services may, upon presentation of proper identification,
enter and inspect any place providing personal care, supervision, and
services at any time, with or without advance notice, to secure
compliance with, or to prevent a violation of, any provision of this
chapter.
   Foster family homes which are considered private residences for
the purposes of Section 1530.5 shall not be subject to inspection by
the department or its officers without advance notice, except in
response to a complaint.  The unannounced visits shall not constitute
the annual evaluation visit required by Section 1534.  Inspection
visits to foster family homes shall be made during normal business
hours, unless the serious nature of a complaint requires otherwise.
   "Normal business hours," as used in this section, means from 8
a.m. to 5 p.m., inclusive, of each day from Monday to Friday,
inclusive, other than state holidays.



1534.  (a) (1) Every licensed community care facility shall be
subject to unannounced visits by the department. The department shall
visit these facilities as often as necessary to ensure the quality
of care provided.
   (A) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
   (i) When a license is on probation.
   (ii) When the terms of agreement in a facility compliance plan
require an annual evaluation.
   (iii) When an accusation against a licensee is pending.
   (iv) When a facility requires an annual visit as a condition of
receiving federal financial participation.
   (v) In order to verify that a person who has been ordered out of a
facility by the department is no longer at the facility.
   (B) (i) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subparagraph (A). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
   (ii) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by an additional 10
percent of the facilities not subject to an evaluation under
subparagraph (A). The department may request additional resources to
increase the random sample by 10 percent.
   (C) Under no circumstance shall the department visit a community
care facility less often than once every five years.
   (D) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group homes
at any public agency or private agency at which the client may be
found, including, but not limited to, a juvenile hall, recreation or
vocational program, or a nonpublic school. The department shall
respect the rights of the child while conducting the interview,
including informing the child that he or she has the right not to be
interviewed and the right to have another adult present during the
interview.
   (2) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance by
the facility.
   (3) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
   (b) (1) Nothing in this section shall limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program where a licensed
community care facility is certifying compliance with licensing
requirements.
   (2) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the family home. The family home shall be afforded
the due process provided pursuant to this chapter.
   (3) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
   (4) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
   (5) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
   (6) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
   (7) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Division
3 of Title 2 of the Government Code. In all proceedings conducted in
accordance with this section the standard of proof shall be by a
preponderance of the evidence.
   (8) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section, enter an order denying or revoking
the certificate of approval, or otherwise take disciplinary action
against the certified or prospective foster parent, notwithstanding
any resignation, withdrawal of application, surrender of the
certificate of approval, or denial or revocation of the certificate
of approval by the foster family agency.
   (9) A foster family agency's failure to comply with the department'
s order to deny or revoke the certificate of employment by placing or
retaining children in care shall be grounds for disciplining the
licensee pursuant to Section 1550.



1534.1.  (a) The department shall ensure that the licensee's plan of
correction is verifiable and measurable. The plan of correction
shall specify what evidence is acceptable to establish that a
deficiency has been corrected. This evidence shall be included in the
department's facility file.
   (b) The department shall specify in its licensing report all
violations that, if not corrected, will have a direct and immediate
risk to the health, safety, or personal rights of clients in care.
   (c) The department shall complete all complaint investigations and
place a note of final conclusion in the department's facility file,
consistent with the confidentiality provisions in subdivision (c) of
Section 1538, regardless of whether the licensee voluntarily
surrendered the license.


1534.5.  The state department shall provide the office, as defined
in subdivision (c) of Section 9701 of the Welfare and Institutions
Code, with copies of inspection reports for community care facilities
upon request.


1535.  (a) On or before January 1, 1986, the state department shall
publish a comprehensive consumer guideline brochure to assist persons
in the evaluation and selection of a licensed community care
facility.  The department shall develop the brochure for publication
with the advice and assistance of the Advisory Committee on Community
Care Facilities, the State Department of Aging, the State Department
of Mental Health, and the State Department of Alcohol and Drug
Programs.
   (b) The consumer guideline brochure shall include, but not be
limited to, guidelines highlighting resident health and safety issues
to be considered in the selection of a community care facility,
locations of the licensing offices of the State Department of Social
Services where facility records may be reviewed, types of local
organizations which may have additional information on specific
facilities, and a list of recommended inquiries to be made in the
selection of a community care facility.
   (c) Upon publication, the consumer guideline brochures shall be
distributed to statewide community care facility resident advocacy
groups, statewide consumer advocacy groups, state and local
ombudsmen, and all licensed community care facilities.  The brochure
shall be made available on request to all other interested persons.



1536.  (a) At least annually, the director shall publish and make
available to interested persons a list or lists covering all licensed
community care facilities, other than foster family homes and
certified family homes of foster family agencies providing 24-hour
care for six or fewer foster children, and the services for which
each facility has been licensed or issued a special permit.
   (b) Subject to subdivision (c), to encourage the recruitment of
foster family homes and certified family homes of foster family
agencies, protect their personal privacy, and to preserve the
security and confidentiality of the placements in the homes, the
names, addresses, and other identifying information of facilities
licensed as foster family homes and certified family homes of foster
family agencies providing 24-hour care for six or fewer children
shall be considered personal information for purposes of the
Information Practices Act of 1977 (Chapter 1 (commencing with Section
1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).  This
information shall not be disclosed by any state or local agency
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) except as necessary for administering the licensing
program, facilitating the placement of children in these facilities,
and providing names and addresses only to bona fide professional
foster parent organizations upon request.
   (c) Notwithstanding subdivision (b), the department, a county, or
a foster family agency may request information from, or divulge
information to, the department, a county, or a foster family agency,
regarding a prospective certified parent, foster parent, or relative
caregiver for the purpose of, and as necessary to, conduct a
reference check to determine whether it is safe and appropriate to
license, certify, or approve an applicant to be a certified parent,
foster parent, or relative caregiver.
   (d) The department may issue a citation and, after the issuance of
that citation, may assess a civil penalty of fifty dollars () per
day for each instance of a foster family agency's failure to provide
the department with the information required by subdivision (h) of
Section 88061 of Title 22 of the California Code of Regulations.
   (e) The Legislature encourages the department, when funds are
available for this purpose, to develop a database that would include
all of the following information:
   (1) Monthly reports by a foster family agency regarding family
homes.
   (2) A log of family homes certified and decertified, provided by a
foster family agency to the department.
   (3) Notification by a foster family agency to the department
informing the department of a foster family agency's 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.



1536.1.  (a) "Placement agency" means any county probation
department, county welfare department, county social service
department, county mental health department, county public guardian,
general acute care hospital discharge planner or coordinator,
conservator pursuant to Part 3 (commencing with Section 1800) of
Division 4 of the Probate Code, conservator pursuant to Chapter 3
(commencing with Section 5350) of Part 1 of Division 5 of the Welfare
and Institutions Code, and regional center for persons with
developmental disabilities, which is engaged in finding homes or
other places for placement of persons of any age for temporary or
permanent care.
   (b) A placement agency shall place individuals only in licensed
community care facilities, facilities which are exempt from licensing
under Section 1505 or if the facility satisfies subdivision (c) of
Section 362 of the Welfare and Institutions Code, or with a foster
family agency.
   (c) No employee of a placement agency shall place, refer, or
recommend placement of a person in a facility operating without a
license, unless the facility is exempt from licensing under Section
1505 or unless the facility satisfies subdivision (c) of Section 362
of the Welfare and Institutions Code. Violation of this subdivision
is a misdemeanor.
   (d) Any employee of a placement agency who knows, or reasonably
suspects, that a facility which is not exempt from licensing is
operating without a license shall report the name and address of the
facility to the department.  Failure to report as required by this
subdivision is a misdemeanor.
   (e) The department shall investigate any report filed under
subdivision (d).  If the department has probable cause to believe
that the facility which is the subject of the report is operating
without a license, the department shall investigate the facility
within 10 days after receipt of the report.
   (f) A placement agency shall notify the appropriate licensing
agency of any known or suspected incidents which would jeopardize the
health or safety of residents in a community care facility.
Reportable incidents include, but are not limited to, all of the
following:
   (1) Incidents of physical abuse.
   (2) Any violation of personal rights.
   (3) Any situation in which a facility is unclean, unsafe,
unsanitary, or in poor condition.
   (4) Any situation in which a facility has insufficient personnel
or incompetent personnel on duty.
   (5) Any situation in which residents experience mental or verbal
abuse.


1536.2.  (a) When a placement agency has placed a child with a
foster family agency for subsequent placement in a certified family
home, the foster family agency shall ensure placement of the child in
a home that best meets the needs of the child.
   (b) A home that best meets the needs of the child shall satisfy
all of the following criteria:
   (1) The child's caregiver is able to meet the health, safety, and
well-being needs of the child.
   (2) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the needs of
the child.
   (3) The child is permitted to engage in reasonable,
age-appropriate, day-to-day activities that promote the most
family-like environment for the foster child.
   (4) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04 of the Welfare and Institutions Code, to
determine activities that are age-appropriate and meet the needs of
the child. Nothing in this section shall be construed to permit a
child's caregiver to permit the child to engage in activities that
carry an unreasonable risk of harm, or subject the child to abuse or
neglect.



1536.3.  A public agency social worker shall, in determining whether
to refer an individual to an adult residential care facility, take
into account the compatibility of the individual with the other
residents in light of any medical diagnoses or behavioral problems.




1537.  The director shall have the authority to contract for
personal services as required in order to perform inspections of, or
consultation with, community care facilities.



1538.  (a) Any person may request an inspection of any community
care facility or certified family home in accordance with this
chapter by transmitting to the state department notice of an alleged
violation of applicable requirements prescribed by statutes or
regulations of this state, including, but not limited to, a denial of
access of any person authorized to enter the facility pursuant to
Section 9701 of the Welfare and Institutions Code. A complaint may be
made either orally or in writing.
   (b) The substance of the complaint shall be provided to the
licensee or certified family home and foster family agency no earlier
than at the time of the inspection. Unless the complainant
specifically requests otherwise, neither the substance of the
complaint provided the licensee or certified family home and foster
family agency nor any copy of the complaint or any record published,
released, or otherwise made available to the licensee or certified
family home and foster family agency shall disclose the name of any
person mentioned in the complaint except the name of any duly
authorized officer, employee, or agent of the state department
conducting the investigation or inspection pursuant to this chapter.

   (c) Upon receipt of a complaint, other than a complaint alleging
denial of a statutory right of access to a community care facility or
certified family home, the state department shall make a preliminary
review and, unless the state department determines that the
complaint is willfully intended to harass a licensee or is without
any reasonable basis, it shall make an onsite inspection of the
community care facility or certified family home within 10 days after
receiving the complaint, except where a visit would adversely affect
the licensing investigation or the investigation of other agencies.
In either event, the complainant shall be promptly informed of the
state department's proposed course of action.
   If the department determines that the complaint is intended to
harass, is without a reasonable basis, or, after a site inspection,
is unfounded, then the complaint and any documents related to it
shall be marked confidential and shall not be disclosed to the
public. If the complaint investigation included a site visit, the
licensee or certified family home and foster family agency shall be
notified in writing within 30 days of the dismissal that the
complaint has been dismissed.
   (d) Upon receipt of a complaint alleging denial of a statutory
right of access to a community care facility or certified family
home, the state department shall review the complaint. The
complainant shall be notified promptly of the state department's
proposed course of action.
   (e) The department shall commence performance of complaint
inspections of certified family homes upon the employment of
sufficient personnel to carry out this function, and by no later than
June 30, 1999. Upon implementation, the department shall notify all
licensed foster family agencies.
   (f) Upon receipt of a complaint concerning the care of a client in
an Adult Residential Facility for Persons with Special Health Care
Needs licensed pursuant to Article 9 (commencing with Section
1567.50), the department shall notify the appropriate regional center
and the State Department of Developmental Services for the purposes
of investigating the complaint.
   (g) Upon receipt of a complaint concerning the vendorization of an
Adult Residential Facility for Persons with Special Health Care
Needs, the department shall notify the State Department of
Developmental Services for purposes of investigating the complaint.



1538.2.  The director shall establish an automated license
information system on licensees and former licensees of licensed
community care facilities.  The system shall maintain a record of any
information that may be pertinent, as determined by the director,
for licensure under this chapter and Chapter 3.6 (commencing with
Section 1597.30).  This information may include, but is not limited
to, the licensees' addresses, telephone numbers, violations of any
laws related to the care of clients in a community care facility,
licenses, revocation of any licenses and, to the extent permitted by
federal law, social security numbers.


1538.3.  A county may develop a cooperative agreement with the
department to access disclosable, public record information from an
automated system, other than the system described in Section 1538.2,
concerning substantiated complaints for all group home facilities, as
defined by regulations of the department, located within that
county.  Access to the database may be accomplished through a secure
online transaction protocol.



1538.5.  (a) (1) Not less than 30 days prior to the anniversary of
the effective date of any residential community care facility
license, except licensed foster family homes, the department may
transmit a copy to the board members of the licensed facility,
parents, legal guardians, conservators, clients' rights advocates, or
placement agencies, as designated in each resident's placement
agreement, of all inspection reports given to the facility by the
department during the past year as a result of a substantiated
complaint regarding a violation of this chapter relating to resident
abuse and neglect, food, sanitation, incidental medical care, and
residential supervision.  During that one-year period the copy of the
notices transmitted and the proof of the transmittal shall be open
for public inspection.
   (2) The department may transmit copies of the inspection reports
referred to in paragraph (1) concerning group homes, as defined by
regulations of the department, to the county in which a group home
facility is located, if requested by that county.
   (3) A group home facility shall maintain, at the facility, a copy
of all licensing reports for the past three years that would be
accessible to the public through the department, for inspection by
placement officials, current and prospective facility clients, and
these clients' family members who visit the facility.
   (b) The facility operator, at the expense of the facility, shall
transmit a copy of all substantiated complaints, by certified mail,
to those persons described pursuant to paragraph (1) of subdivision
(a) in the following cases:
   (1) In the case of any substantiated complaint relating to
resident physical or sexual abuse, the facility shall have three
days, from the date the facility receives the licensing report from
the state department to comply.
   (2) In any case in which a facility has received three or more
substantiated complaints relating to the same violation during the
past 12 months, the facility shall have five days from the date the
facility receives the licensing report to comply.
   (c) Each residential facility shall retain a copy of the notices
transmitted pursuant to subdivision (c) and proof of their
transmittal by certified mail for a period of one year after their
transmittal.
   (d) If any residential facility to which this section applies
fails to comply with this section, as determined by the department,
the department shall initiate civil penalty action against the
facility in accordance with Article 3 (commencing with Section 1530)
and the related rules and regulations.
   (e) Not less than 30 days prior to the anniversary of the
effective date of the license of any group home facility, as defined
by regulations of the department, at the request of the county in
which the group home facility is located, a group home facility shall
transmit to the county a copy of all incident reports prepared by
the group home facility and transmitted to a placement agency in a
county other than the county in which the group home facility is
located, as described in subdivision (f) of Section 1536.1, that
involved a response by local law enforcement or emergency services
personnel.  The county shall designate an official for the receipt of
the incident reports and shall so notify the group home.  Prior to
transmitting copies of incident reports to the county, the group home
facility shall redact the name of any child referenced in the
incident reports, and any other identifying information regarding any
child referenced in the reports, and the identity and location of
the placement agency of any child referenced in the reports.  The
county may review the incident reports to ensure that the group home
facilities have taken appropriate action to ensure the health and
safety of the residents of the facility.
   (f) The department shall notify the residential community care
facility of its obligation when it is required to comply with this
section.



1538.55.  (a) The licensee of an Adult Residential Facility for
Persons with Special Health Care Needs (ARFPSHN), licensed pursuant
to Article 9 (commencing with Section 1567.50), shall report to the
department's Community Care Licensing Division, within the department'
s next working day and to the regional center with whom the ARFPSHN
contracts, and the State Department of Developmental Services, within
24 hours upon the occurrence of any of the following events:
   (1) The death of any client from any cause.
   (2) The use of an automated external defibrillator.
   (3) Any injury to any client that requires medical treatment.
   (4) Any unusual incident that threatens the physical or emotional
health or safety of any client.
   (5) Any suspected physical or psychological abuse of any client.
   (6) Epidemic outbreaks.
   (7) Poisonings.
   (8) Catastrophes.
   (9) Fires or explosions that occur in or on the premises.
   (b) The licensee additionally shall submit a written report to the
department's Community Care Licensing Division, the regional center
with whom the ARFPSHN contracts, and the State Department of
Developmental Services within seven days following any event set
forth in subdivision (a), and shall include the following:
   (1) Client's name, age, sex, and date of admission.
   (2) The date and nature of event.
   (3) The attending physician's name, findings, and treatment, if
any.
   (4) The disposition of the case.
   (c) The department's Community Care Licensing Division shall
notify the State Department of Developmental Services upon its
findings of any deficiencies or of possible actions to exclude,
pursuant to Section 1558, any individual from an ARFPSHN.



1538.6.  (a) When the department periodically reviews the record of
substantiated complaints against each group home facility, pursuant
to its oversight role as prescribed by Section 1534, to determine
whether the nature, number, and severity of incidents upon which
complaints were based constitute a basis for concern as to whether
the provider is capable of effectively and efficiently operating the
program, and if the department determines that there is cause for
concern, it may contact the county in which a group home facility is
located and placement agencies in other counties using the group home
facility, and request their recommendations as to what action, if
any, the department should take with regard to the provider's status
as a licensed group home provider.
   (b) It is the intent of the Legislature that the department make
every effort to communicate with the county in which a group home
facility is located when the department has concerns about group home
facilities within that county.



1539.  No licensee shall discriminate or retaliate in any manner
against any person receiving the services of such licensee's
community care facility, or against any employee of such licensee's
facility, on the basis, or for the reason that, such person or
employee or any other person has initiated or participated in an
inspection pursuant to Section 1538.