2009 California Health and Safety Code - Section 1520-1526.8 :: Article 2. Administration

1520.  Any person desiring issuance of a license for a community
care facility or a special permit for specialized services under this
chapter shall file with the department, pursuant to regulations, an
application on forms furnished by the department, which shall
include, but not be limited to:
   (a) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and of rules and regulations
promulgated under this chapter by the department.
   (b) Evidence satisfactory to the department that the applicant is
of reputable and responsible character. The evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1522, employment history, and character references. If the
applicant is a firm, association, organization, partnership, business
trust, corporation, or company, like evidence shall be submitted as
to the members or shareholders thereof, and the person in charge of
the community care facility for which application for issuance of
license or special permit is made.
   (c) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this chapter.
   (d) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in, any community care facility or in any facility
licensed pursuant to Chapter 1 (commencing with Section 1200) or
Chapter 2 (commencing with Section 1250).
   (e) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (d).
   (f) A signed statement that the person desiring issuance of a
license or special permit has read and understood the community care
facility licensure statute and regulations that pertain to the
applicant's category of licensure.
   (g) Any other information that may be required by the department
for the proper administration and enforcement of this chapter.
   (h) In implementing this section, the department shall give due
consideration to the functions of each separate licensing category.
   (i) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application. Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.

1520.1.  In addition to Section 1520, applicants for a group home
facility license shall meet the following requirements:
   (a) (1) During the first 12 months of operation, the facility
shall operate with a provisional license. After eight months of
operation, the department shall conduct a comprehensive review of the
facility for compliance with all applicable laws and regulations and
help develop a plan of correction with the provisional licensee, if
appropriate. By the end of the 12th month of operation, the
department shall determine if the permanent license should be issued.
   (2) If the department determines that the group home is in
substantial compliance with licensing standards, notwithstanding
Section 1525.5, the department may extend the provisional license for
up to an additional six months for either of the following reasons:
   (A) The group home requires additional time to be in full
compliance with licensing standards.
   (B) After 12 months of operation, the group home is not operating
at 50 percent of its licensed capacity.
   (3) By no later than the first business day of the 17th month of
operation, the department shall conduct an additional review of a
facility for which a provisional license is extended pursuant to
paragraph (2), in order to determine whether a permanent license
should be issued.
   (4) The department may deny a group home license application at
any time during the term of the provisional license to protect the
health and safety of clients. If the department denies the
application, the group home shall cease operation immediately.
Continued operation of the facility after the department denies the
application or the provisional license expires shall constitute
unlicensed operation.
   (5) When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the group
home's operation may be filed.
   (b) (1) After the production of the booklet provided for in
paragraph (2), every member of the group home's board of directors
shall, prior to becoming a member of the board of directors sign a
statement that the board member understands his or her legal duties
and obligations as a member of the board of directors and that the
group home's operation is governed by laws and regulations that are
enforced by the department, as set forth in the booklet. The
applicant, provisional licensee, and licensee shall have this
statement available for inspection by the department. For members of
the board of directors when the booklet is produced, the licensee
shall obtain this statement by the next scheduled meeting of the
board of directors. Compliance with this paragraph shall be a
condition of licensure.
   (2) No later than May 1, 1999, the department, in cooperation with
the Department of Justice and in consultation with group home
providers, shall develop and distribute to every group home provider
detailed information designed to educate members of the group home
provider's board of directors of their roles and responsibilities as
board members of a public benefit corporation under the laws of this
state. The information shall be included in a booklet, which shall
include, but not be limited to, all of the following:
   (A) The financial responsibilities of a member of the board of
directors.
   (B) Disclosure requirements for self-dealing transactions.
   (C) Legal requirements pertaining to articles of incorporation,
bylaws, length of board member terms, voting procedures, board
meetings, quorums, minutes of board meetings, and, as provided for in
subdivision (f), board member duties.
   (D) A general overview of the laws and regulations governing the
group home's operation that are enforced by the department.
   (c) All financial records submitted by a facility to the
department, or that are submitted as part of an audit of the
facility, including, but not limited to, employee timecards and
timesheets, shall be signed and dated by the employee and by the
group home representative who is responsible for ensuring the
accuracy of the information contained in the record, and shall
contain an affirmative statement that the signatories understand that
the information contained in the document is correct to the best of
their knowledge and that submission of false or misleading
information may be prosecuted as a crime.
   (d) An applicant, provisional licensee, or licensee shall
maintain, submit, and sign financial documents to verify the
legitimacy and accuracy of these documents. These documents include,
but are not limited to, the group home application, any financial
documents and plans of corrections submitted to the department, and
time sheets.
   (e) (1) It is the intent of the Legislature that a group home have
either representatives on its board of directors, as listed in
paragraph (2), or a community advisory board, that meets at least
annually.
   (2) The representatives on the board of directors or the community
advisory board members should consist of at least the following
persons:
   (A) A member of the facility's board of directors.
   (B) Members of the community where the facility is located.
   (C) Neighbors of the facility.
   (D) Current or former clients of the facility.
   (E) A representative from a local law enforcement or other city or
county representative.
   (f) Each group home provider shall schedule and conduct quarterly
meetings of its board of directors. During these quarterly meetings,
the board of directors shall review and discuss licensing reports,
financial and program audit reports of its group home operations,
special incident reports, and any administrative action against the
licensee or its employees. The minutes shall reflect the board's
discussion of these documents and the group home's operation. The
licensee shall make available the minutes of group home board of
directors meetings to the department.

1520.11.  (a) A corporation that applies for licensure with the
department shall list the facilities that any member of the board of
directors, an executive director, or any officer has been licensed to
operate, been employed in, or served as a member of the board of
directors, the executive director, or an officer.
   (b) The department shall not issue a provisional license or
license to any corporate applicant that has a member of the board of
directors, an executive director, or an officer, who is not eligible
for licensure pursuant to Section 1520.3 or Section 1558.1.
   (c) The department may revoke the license of any corporate
licensee that has a member of the board of directors, an executive
director, or an officer, who is not eligible for licensure pursuant
to Section 1520.3 or Section 1558.1.
   (d) Prior to instituting an administrative action pursuant to
either subdivision (b) or (c), the department shall notify the
applicant or licensee of the person's ineligibility to be a member of
the board of directors, an executive director, or an officer of the
applicant or licensee. The licensee shall remove the person from that
position within 15 days or, if the person has client contact, he or
she shall be removed immediately upon notification.

1520.2.  (a) Every licensed community care facility, at the request
of a majority of its residents, shall assist its residents in
establishing and maintaining a resident-oriented facility council.
The council shall be composed of residents of the facility and may
include family members of residents of the facility. The council may,
among other things, make recommendations to facility administrators
to improve the quality of daily living in the facility and may
negotiate to protect residents' rights with facility administrators.
   (b) A violation of subdivision (a) shall not be subject to the
provisions of Section 1540 but shall be subject to the provisions of
Section 1534 and any other provisions of this chapter.
   (c) This section shall not apply to a community care facility as
defined in paragraphs (3), (5), and (6) of subdivision (a) of Section
1502, or to a community care facility licensed to provide care for
six or fewer individuals.

1520.3.  (a) (1) If an application for a license or special permit
indicates, or the department determines during the application review
process, that the applicant previously was issued a license under
this chapter or under Chapter 1 (commencing with Section 1200),
Chapter 2 (commencing with Section 1250), Chapter 3.01 (commencing
with Section 1568.01), Chapter 3.3 (commencing with Section 1569),
Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5
(commencing with Section 1596.90), or Chapter 3.6 (commencing with
Section 1597.30) and the prior license was revoked within the
preceding two years, the department shall cease any further review of
the application until two years shall have elapsed from the date of
the revocation. The cessation of review shall not constitute a denial
of the application for purposes of Section 1526 or any other
provision of law.
   (2) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant previously was issued a certificate of approval by
a foster family agency that was revoked by the department pursuant
to subdivision (b) of Section 1534 within the preceding two years,
the department shall cease any further review of the application
until two years shall have elapsed from the date of the revocation.
   (3) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant was excluded from a facility licensed by the
department pursuant to Sections 1558, 1568.092, 1569.58, or
1596.8897, the department shall cease any further review of the
application unless the excluded individual has been reinstated
pursuant to Section 11522 of the Government Code by the department.
   (b) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a license under any of
the chapters listed in paragraph (1) of subdivision (a) and the
application was denied within the last year, the department shall
cease further review of the application as follows:
   (1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
   (2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
   (3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions which either have been
corrected or are no longer in existence.
   (c) If an application for a license or special permit indicates,
or the department determines during the application review process,
that the applicant had previously applied for a certificate of
approval with a foster family agency and the department ordered the
foster family agency to deny the application pursuant to subdivision
(b) of Section 1534, the department shall cease further review of the
application as follows:
   (1) In cases where the applicant petitioned for a hearing, the
department shall cease further review of the application until one
year has elapsed from the effective date of the decision and order of
the department upholding a denial.
   (2) In cases where the department informed the applicant of his or
her right to petition for a hearing and the applicant did not
petition for a hearing, the department shall cease further review of
the application until one year has elapsed from the date of the
notification of the denial and the right to petition for a hearing.
   (3) The department may continue to review the application if it
has determined that the reasons for the denial of the application
were due to circumstances and conditions that either have been
corrected or are no longer in existence.
   (d) The cessation of review shall not constitute a denial of the
application for purposes of Section 1526 or any other law.

1520.5.  (a) The Legislature hereby declares it to be the policy of
the state to prevent overconcentrations of residential care
facilities that impair the integrity of residential neighborhoods.
Therefore, the director shall deny an application for a new
residential care facility license if the director determines that the
location is in a proximity to an existing residential care facility
that would result in overconcentration.
   (b) As used in this section, "overconcentration" means that if a
new license is issued, there will be residential care facilities that
are separated by a distance of 300 feet or less, as measured from
any point upon the outside walls of the structures housing those
facilities. Based on special local needs and conditions, the director
may approve a separation distance of less than 300 feet with the
approval of the city or county in which the proposed facility will be
located.
   (c) At least 45 days prior to approving any application for a new
residential care facility, the director, or county licensing agency,
shall notify, in writing, the planning agency of the city, if the
facility is to be located in the city, or the planning agency of the
county, if the facility is to be located in an unincorporated area,
of the proposed location of the facility.
   (d) Any city or county may request denial of the license applied
for on the basis of overconcentration of residential care facilities.
   (e) Nothing in this section authorizes the director, on the basis
of overconcentration, to refuse to grant a license upon a change of
ownership of an existing residential care facility where there is no
change in the location of the facility.
   (f) Foster family homes and residential care facilities for the
elderly shall not be considered in determining overconcentration of
residential care facilities, and license applications for those
facilities shall not be denied upon the basis of overconcentration.
   (g) Any transitional shelter care facility as defined in paragraph
(11) of subdivision (a) of Section 1502 shall not be considered in
determining overconcentration of residential care facilities, and
license applications for those facilities shall not be denied upon
the basis of overconcentration.

1520.7.  (a) Every community care facility that is licensed or has a
special permit for specialized services pursuant to Section 1525
shall provide a copy of the disaster and mass casualty plan required
pursuant to Section 80023 of Title 22 of the California Code of
Regulations to any fire department, law enforcement agency, or civil
defense or other disaster authority in the area or community in which
the facility is located, upon request by the fire department, law
enforcement agency, or civil defense or other disaster authority.
Section 1540 shall not apply to this section.
   (b) The department is not required to monitor compliance with this
section as part of its regulatory monitoring functions.

1521.  Any person desiring a license for a community care facility
under the provisions of this chapter which is required by other code
provisions or rules or regulations of the state department pursuant
to other code provisions to have a medical director, organized
medical staff, or resident medical staff or to provide professional
nursing services by a registered nurse or supervision of nursing
services by a licensed registered nurse, a graduate nurse, a licensed
vocational nurse, or a certified psychiatric technician shall comply
with the health planning requirements contained in Part 1.5
(commencing with Section 437) of Division 1.
   All other community care facilities shall be exempt from the
health planning requirements contained in Part 1.5 (commencing with
Section 437) of Division 1.

1521.5.  (a) The county welfare director shall, prior to the
issuance of any foster family home license, ensure that the county
licensing staff, or the placement staff, conducts one or more in-home
interviews with the prospective foster parent sufficient to collect
information on caregiver qualifications that may be used by the
placement agency to evaluate the ability, willingness, and readiness
of the prospective foster parent to meet the varying needs of
children. The inability of a prospective foster parent to meet the
varying needs of children shall not, in and of itself, preclude a
prospective foster parent from obtaining a foster family home
license.
   (b) All in-home interviews required by this section shall be on an
in-person basis.
   (c) If the in-home interview is conducted by the licensing agency,
it shall be a part of the licensing record, and shall be shared with
the placement agency pursuant to subdivision (e) of Section 1798.24
of the Civil Code.
   (d) The in-home interview required by this section shall be
completed no later than 120 days following notification by the
licensing agency.
   (e) No license shall be issued unless an in-home interview has
been conducted as required by this section.

1521.6.  (a) The Legislature recognizes the importance of ensuring
that prospective foster family homes meet specified health and safety
requirements. Moreover, the Legislature acknowledges that there is a
further need to evaluate a licensed foster parent's ability,
readiness, and willingness to meet the varying needs of children,
including hard-to-place children, in order to ensure competent
placement resources. Therefore, it is the intent of the Legislature
that the State Department of Social Services, in consultation with
county placement agencies, foster care providers, and other
interested parties, develop and implement through regulations, a
comprehensive home study process that integrates the decision outcome
of the home study developed pursuant to Section 16518 of the Welfare
and Institutions Code, as a criteria for placement.
   (b) This section shall become inoperative on the date the
regulations adopted pursuant to this section are filed with the
Secretary of State.

1522.  The Legislature recognizes the need to generate timely and
accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a community
care facility, foster family home, or a certified family home of a
licensed foster family agency. Therefore, the Legislature supports
the use of the fingerprint live-scan technology, as identified in the
long-range plan of the Department of Justice for fully automating
the processing of fingerprints and other data by the year 1999,
otherwise known as the California Crime Information Intelligence
System (CAL-CII), to be used for applicant fingerprints. It is the
intent of the Legislature in enacting this section to require the
fingerprints of those individuals whose contact with community care
clients may pose a risk to the clients' health and safety. An
individual shall be required to obtain either a criminal record
clearance or a criminal record exemption from the State Department of
Social Services before his or her initial presence in a community
care facility.
   (a) (1) Before issuing a license or special permit to any person
or persons to operate or manage a community care facility, the State
Department of Social Services shall secure from an appropriate law
enforcement agency a criminal record to determine whether the
applicant or any other person specified in subdivision (b) has ever
been convicted of a crime other than a minor traffic violation or
arrested for any crime specified in Section 290 of the Penal Code,
for violating Section 245 or 273.5, of the Penal Code, subdivision
(b) of Section 273a of the Penal Code, or, prior to January 1, 1994,
paragraph (2) of Section 273a of the Penal Code, or for any crime for
which the department cannot grant an exemption if the person was
convicted and the person has not been exonerated.
   (2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.
   (3) Except during the 2003-04 to the 2009-10 fiscal years,
inclusive, neither the Department of Justice nor the State Department
of Social Services may charge a fee for the fingerprinting of an
applicant for a license or special permit to operate a facility
providing nonmedical board, room, and care for six or less children
or for obtaining a criminal record of the applicant pursuant to this
section.
   (4) The following shall apply to the criminal record information:
   (A) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has been
convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).
   (B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
application until the conclusion of the trial.
   (C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.
   (D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (1) of subdivision (b), has been convicted of a crime other
than a minor traffic violation, the license may be revoked, unless
the director grants an exemption pursuant to subdivision (g).
   (E) An applicant and any other person specified in subdivision (b)
shall submit fingerprint images and related information to the
Department of Justice for the purpose of searching the criminal
records of the Federal Bureau of Investigation, in addition to the
criminal records search required by this subdivision. If an applicant
and all other persons described in subdivision (b) meet all of the
conditions for licensure, except receipt of the Federal Bureau of
Investigation's criminal offender record information search response
for the applicant or any of the persons described in subdivision (b),
the department may issue a license if the applicant and each person
described in subdivision (b) has signed and submitted a statement
that he or she has never been convicted of a crime in the United
States, other than a traffic infraction, as defined in paragraph (1)
of subdivision (a) of Section 42001 of the Vehicle Code. If, after
licensure, the department determines that the licensee or any other
person specified in subdivision (b) has a criminal record, the
license may be revoked pursuant to Section 1550. The department may
also suspend the license pending an administrative hearing pursuant
to Section 1550.5.
   (F) The State Department of Social Services shall develop
procedures to provide the individual's state and federal criminal
history information with the written notification of his or her
exemption denial or revocation based on the criminal record. Receipt
of the criminal history information shall be optional on the part of
the individual, as set forth in the agency's procedures. The
procedure shall protect the confidentiality and privacy of the
individual's record, and the criminal history information shall not
be made available to the employer.
   (G) Notwithstanding any other law, the department is authorized to
provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on this
information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the individual'
s written request and the response and date provided.
   (b) (1) In addition to the applicant, this section shall be
applicable to criminal convictions of the following persons:
   (A) Adults responsible for administration or direct supervision of
staff.
   (B) Any person, other than a client, residing in the facility.
   (C) Any person who provides client assistance in dressing,
grooming, bathing, or personal hygiene. Any nurse assistant or home
health aide meeting the requirements of Section 1338.5 or 1736.6,
respectively, who is not employed, retained, or contracted by the
licensee, and who has been certified or recertified on or after July
1, 1998, shall be deemed to meet the criminal record clearance
requirements of this section. A certified nurse assistant and
certified home health aide who will be providing client assistance
and who falls under this exemption shall provide one copy of his or
her current certification, prior to providing care, to the community
care facility. The facility shall maintain the copy of the
certification on file as long as care is being provided by the
certified nurse assistant or certified home health aide at the
facility. Nothing in this paragraph restricts the right of the
department to exclude a certified nurse assistant or certified home
health aide from a licensed community care facility pursuant to
Section 1558.
   (D) Any staff person, volunteer, or employee who has contact with
the clients.
   (E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.
   (F) Additional officers of the governing body of the applicant, or
other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person's capability to exercise substantial influence over the
operation of the facility.
   (2) The following persons are exempt from the requirements
applicable under paragraph (1):
   (A) A medical professional as defined in department regulations
who holds a valid license or certification from the person's
governing California medical care regulatory entity and who is not
employed, retained, or contracted by the licensee if all of the
following apply:
   (i) The criminal record of the person has been cleared as a
condition of licensure or certification by the person's governing
California medical care regulatory entity.
   (ii) The person is providing time-limited specialized clinical
care or services.
   (iii) The person is providing care or services within the person's
scope of practice.
   (iv) The person is not a community care facility licensee or an
employee of the facility.
   (B) A third-party repair person or similar retained contractor if
all of the following apply:
   (i) The person is hired for a defined, time-limited job.
   (ii) The person is not left alone with clients.
   (iii) When clients are present in the room in which the repair
person or contractor is working, a staff person who has a criminal
record clearance or exemption is also present.
   (C) Employees of a licensed home health agency and other members
of licensed hospice interdisciplinary teams who have a contract with
a client or resident of the facility and are in the facility at the
request of that client or resident's legal decisionmaker. The
exemption does not apply to a person who is a community care facility
licensee or an employee of the facility.
   (D) Clergy and other spiritual caregivers who are performing
services in common areas of the community care facility or who are
advising an individual client at the request of, or with the
permission of, the client or legal decisionmaker, are exempt from
fingerprint and criminal background check requirements imposed by
community care licensing. This exemption does not apply to a person
who is a community care licensee or employee of the facility.
   (E) Members of fraternal, service, or similar organizations who
conduct group activities for clients if all of the following apply:
   (i) Members are not left alone with clients.
   (ii) Members do not transport clients off the facility premises.
   (iii) The same organization does not conduct group activities for
clients more often than defined by the department's regulations.
   (3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):
   (A) Adult friends and family of the licensed or certified foster
parent, who come into the home to visit for a length of time no
longer than defined by the department in regulations, provided that
the adult friends and family of the licensee are not left alone with
the foster children. However, the licensee, acting as a reasonable
and prudent parent, as defined in paragraph (2) of subdivision (a) of
Section 362.04 of the Welfare and Institutions Code, may allow his
or her adult friends and family to provide short-term care to the
foster child and act as an appropriate occasional short-term
babysitter for the child.
   (B) Parents of a foster child's friend when the foster child is
visiting the friend's home and the friend, licensed or certified
foster parent, or both are also present. However, the licensee,
acting as a reasonable and prudent parent, may allow the parent of
the foster child's friend to act as an appropriate short-term
babysitter for the child without the friend being present.
   (C) Individuals who are engaged by any licensed or certified
foster parent to provide short-term care to the child for periods not
to exceed 24 hours. Caregivers shall use a reasonable and prudent
parent standard in selecting appropriate individuals to act as
appropriate occasional short-term babysitters.
   (4) In addition to the exemptions specified in paragraph (2), the
following persons in adult day care and adult day support centers are
exempt from the requirements applicable under paragraph (1):
   (A) Unless contraindicated by the client's individualized program
plan (IPP) or needs and service plan, a spouse, significant other,
relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to the client.
   (B) A volunteer if all of the following applies:
   (i) The volunteer is supervised by the licensee or a facility
employee with a criminal record clearance or exemption.
   (ii) The volunteer is never left alone with clients.
   (iii) The volunteer does not provide any client assistance with
dressing, grooming, bathing, or personal hygiene other than washing
of hands.
   (5) (A) In addition to the exemptions specified in paragraph (2),
the following persons in adult residential and social rehabilitation
facilities, unless contraindicated by the client's individualized
program plan (IPP) or needs and services plan, are exempt from the
requirements applicable under paragraph (1): a spouse, significant
other, relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to that client.
   (B) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individual exempt from
the requirements of this section, provided that the individual has
client contact.
   (6) Any person similar to those described in this subdivision, as
defined by the department in regulations.
   (c) (1) Subsequent to initial licensure, a person specified in
subdivision (b) who is not exempted from fingerprinting shall obtain
either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g) from the State
Department of Social Services prior to employment, residence, or
initial presence in the facility. A person specified in subdivision
(b) who is not exempt from fingerprinting shall be fingerprinted and
shall sign a declaration under penalty of perjury regarding any prior
criminal convictions. The licensee shall submit fingerprint images
and related information to the Department of Justice and the Federal
Bureau of Investigation, through the Department of Justice, for a
state and federal level criminal offender record information search,
or comply with paragraph (1) of subdivision (h). These fingerprint
images and related information shall be sent by electronic
transmission in a manner approved by the State Department of Social
Services and the Department of Justice for the purpose of obtaining a
permanent set of fingerprints, and shall be submitted to the
Department of Justice by the licensee. A licensee's failure to
prohibit the employment, residence, or initial presence of a person
specified in subdivision (b) who is not exempt from fingerprinting
and who has not received either a criminal record clearance or an
exemption from disqualification pursuant to subdivision (g) or to
comply with paragraph (1) of subdivision (h), as required in this
section, shall result in the citation of a deficiency and the
immediate assessment of civil penalties in the amount of one hundred
dollars ($100) per violation per day for a maximum of five days,
unless the violation is a second or subsequent violation within a
12-month period in which case the civil penalties shall be in the
amount of one hundred dollars ($100) per violation for a maximum of
30 days, and shall be grounds for disciplining the licensee pursuant
to Section 1550. The department may assess civil penalties for
continued violations as permitted by Section 1548. The fingerprint
images and related information shall then be submitted to the
Department of Justice for processing. Upon request of the licensee,
who shall enclose a self-addressed stamped postcard for this purpose,
the Department of Justice shall verify receipt of the fingerprints.
   (2) Within 14 calendar days of the receipt of the fingerprint
images, the Department of Justice shall notify the State Department
of Social Services of the criminal record information, as provided
for in subdivision (a). If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that fact
within 14 calendar days of receipt of the fingerprint images.
Documentation of the individual's clearance or exemption from
disqualification shall be maintained by the licensee and be available
for inspection. If new fingerprint images are required for
processing, the Department of Justice shall, within 14 calendar days
from the date of receipt of the fingerprints, notify the licensee
that the fingerprints were illegible, the Department of Justice shall
notify the State Department of Social Services, as required by
Section 1522.04, and shall also notify the licensee by mail, within
14 days of electronic transmission of the fingerprints to the
Department of Justice, if the person has no criminal history
recorded. A violation of the regulations adopted pursuant to Section
1522.04 shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day for a maximum of five days, unless the
violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30 days,
and shall be grounds for disciplining the licensee pursuant to
Section 1550. The department may assess civil penalties for continued
violations as permitted by Section 1548.
   (3) Except for persons specified in subdivision (b) who are exempt
from fingerprinting, the licensee shall endeavor to ascertain the
previous employment history of persons required to be fingerprinted.
If it is determined by the State Department of Social Services, on
the basis of the fingerprint images and related information submitted
to the Department of Justice, that subsequent to obtaining a
criminal record clearance or exemption from disqualification pursuant
to subdivision (g), the person has been convicted of, or is awaiting
trial for, a sex offense against a minor, or has been convicted for
an offense specified in Section 243.4, 273a, 273d, 273g, or 368 of
the Penal Code, or a felony, the State Department of Social Services
shall notify the licensee to act immediately to terminate the person'
s employment, remove the person from the community care facility, or
bar the person from entering the community care facility. The State
Department of Social Services may subsequently grant an exemption
from disqualification pursuant to subdivision (g). If the conviction
or arrest was for another crime, except a minor traffic violation,
the licensee shall, upon notification by the State Department of
Social Services, act immediately to either (A) terminate the person's
employment, remove the person from the community care facility, or
bar the person from entering the community care facility; or (B) seek
an exemption from disqualification pursuant to subdivision (g). The
State Department of Social Services shall determine if the person
shall be allowed to remain in the facility until a decision on the
exemption from disqualification is rendered. A licensee's failure to
comply with the department's prohibition of employment, contact with
clients, or presence in the facility as required by this paragraph
shall result in a citation of deficiency and an immediate assessment
of civil penalties in the amount of one hundred dollars ($100) per
violation per day and shall be grounds for disciplining the licensee
pursuant to Section 1550.
   (4) The department may issue an exemption from disqualification on
its own motion pursuant to subdivision (g) if the person's criminal
history indicates that the person is of good character based on the
age, seriousness, and frequency of the conviction or convictions. The
department, in consultation with interested parties, shall develop
regulations to establish the criteria to grant an exemption from
disqualification pursuant to this paragraph.
   (5) Concurrently with notifying the licensee pursuant to paragraph
(3), the department shall notify the affected individual of his or
her right to seek an exemption from disqualification pursuant to
subdivision (g). The individual may seek an exemption from
disqualification only if the licensee terminates the person's
employment or removes the person from the facility after receiving
notice from the department pursuant to paragraph (3).
   (d) (1) Before issuing a license or certificate of approval to any
person or persons to operate a foster family home or certified
family home as described in Section 1506, the State Department of
Social Services or other approving authority shall secure California
and Federal Bureau of Investigation criminal history information to
determine whether the applicant or any person specified in
subdivision (b) who is not exempt from fingerprinting has ever been
convicted of a crime other than a minor traffic violation or arrested
for any crime specified in subdivision (c) of Section 290 of the
Penal Code, for violating Section 245 or 273.5, subdivision (b) of
Section 273a or, prior to January 1, 1994, paragraph (2) of Section
273a of the Penal Code, or for any crime for which the department
cannot grant an exemption if the person was convicted and the person
has not been exonerated. The State Department of Social Services or
other approving authority shall not issue a license or certificate of
approval to any foster family home or certified family home
applicant who has not obtained both a California and Federal Bureau
of Investigation criminal record clearance or exemption from
disqualification pursuant to subdivision (g).
   (2) The criminal history information shall include the full
criminal record, if any, of those persons.
   (3) Neither the Department of Justice nor the State Department of
Social Services may charge a fee for the fingerprinting of an
applicant for a license, special permit, or certificate of approval
described in this subdivision. The record, if any, shall be taken
into consideration when evaluating a prospective applicant.
   (4) The following shall apply to the criminal record information:
   (A) If the applicant or other persons specified in subdivision (b)
who are not exempt from fingerprinting have convictions that would
make the applicant's home unfit as a foster family home or a
certified family home, the license, special permit, or certificate of
approval shall be denied.
   (B) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) who is not
exempt from fingerprinting is awaiting trial for a crime other than a
minor traffic violation, the State Department of Social Services or
other approving authority may cease processing the application until
the conclusion of the trial.
   (C) For purposes of this subdivision, a criminal record clearance
provided under Section 8712 of the Family Code may be used by the
department or other approving agency.
   (D) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other person specified in subdivision (b) who is not
exempt from fingerprinting, shall submit a set of fingerprint images
and related information to the Department of Justice and the Federal
Bureau of Investigation, through the Department of Justice, for a
state and federal level criminal offender record information search,
in addition to the criminal records search required by subdivision
(a).
   (5) Any person specified in this subdivision shall, as a part of
the application, be fingerprinted and sign a declaration under
penalty of perjury regarding any prior criminal convictions or
arrests for any crime against a child, spousal or cohabitant abuse
or, any crime for which the department cannot grant an exemption if
the person was convicted and shall submit these fingerprints to the
licensing agency or other approving authority.
   (6) (A) Subsequent to initial licensure or certification, a person
specified in subdivision (b) who is not exempt from fingerprinting
shall obtain both a California and Federal Bureau of Investigation
criminal record clearance, or an exemption from disqualification
pursuant to subdivision (g), prior to employment, residence, or
initial presence in the foster family or certified family home. A
foster family home licensee or foster family agency shall submit
fingerprint images and related information of persons specified in
subdivision (b) who are not exempt from fingerprinting to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, or to comply with
paragraph (1) of subdivision (h). A foster family home licensee's or
a foster family agency's failure to either prohibit the employment,
residence, or initial presence of a person specified in subdivision
(b) who is not exempt from fingerprinting and who has not received
either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g), or comply with
paragraph (1) of subdivision (h), as required in this section, shall
result in a citation of a deficiency, and the immediate civil
penalties of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties
shall be in the amount of one hundred dollars ($100) per violation
for a maximum of 30 days, and shall be grounds for disciplining the
licensee pursuant to Section 1550. A violation of the regulation
adopted pursuant to Section 1522.04 shall result in the citation of a
deficiency and an immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or subsequent
violation within a 12-month period in which case the civil penalties
shall be in the amount of one hundred dollars ($100) per

                                          violation for a maximum of
30 days, and shall be grounds for disciplining the foster family home
licensee or the foster family agency pursuant to Section 1550. The
State Department of Social Services may assess penalties for
continued violations, as permitted by Section 1548. The fingerprint
images shall then be submitted to the Department of Justice for
processing.
   (B) Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the Department of Justice
shall verify receipt of the fingerprints. Within five working days of
the receipt of the criminal record or information regarding criminal
convictions from the Department of Justice, the department shall
notify the applicant of any criminal arrests or convictions. If no
arrests or convictions are recorded, the Department of Justice shall
provide the foster family home licensee or the foster family agency
with a statement of that fact concurrent with providing the
information to the State Department of Social Services.
   (7) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b) who is
not exempt from fingerprinting, has been convicted of a crime other
than a minor traffic violation, the application shall be denied,
unless the director grants an exemption from disqualification
pursuant to subdivision (g).
   (8) If the State Department of Social Services finds after
licensure or the granting of the certificate of approval that the
licensee, certified foster parent, or any other person specified in
subdivision (b) who is not exempt from fingerprinting, has been
convicted of a crime other than a minor traffic violation, the
license or certificate of approval may be revoked by the department
or the foster family agency, whichever is applicable, unless the
director grants an exemption from disqualification pursuant to
subdivision (g). A licensee's failure to comply with the department's
prohibition of employment, contact with clients, or presence in the
facility as required by paragraph (3) of subdivision (c) shall be
grounds for disciplining the licensee pursuant to Section 1550.
   (e) The State Department of Social Services shall not use a record
of arrest to deny, revoke, or terminate any application, license,
employment, or residence unless the department investigates the
incident and secures evidence, whether or not related to the incident
of arrest, that is admissible in an administrative hearing to
establish conduct by the person that may pose a risk to the health
and safety of any person who is or may become a client. The State
Department of Social Services is authorized to obtain any arrest or
conviction records or reports from any law enforcement agency as
necessary to the performance of its duties to inspect, license, and
investigate community care facilities and individuals associated with
a community care facility.
   (f) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that the
State Department of Social Services is permitted to take following
the establishment of a conviction may be taken when the time for
appeal has elapsed, when the judgment of conviction has been affirmed
on appeal, or when an order granting probation is made suspending
the imposition of sentence, notwithstanding a subsequent order
pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting
the person to withdraw his or her plea of guilty and to enter a plea
of not guilty, or setting aside the verdict of guilty, or dismissing
the accusation, information, or indictment. For purposes of this
section or any other provision of this chapter, the record of a
conviction, or a copy thereof certified by the clerk of the court or
by a judge of the court in which the conviction occurred, shall be
conclusive evidence of the conviction. For purposes of this section
or any other provision of this chapter, the arrest disposition report
certified by the Department of Justice, or documents admissible in a
criminal action pursuant to Section 969b of the Penal Code, shall be
prima facie evidence of the conviction, notwithstanding any other
law prohibiting the admission of these documents in a civil or
administrative action.
   (2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.
   (g) (1) After review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraph (4) of subdivision (a), or for a license,
special permit, or certificate of approval as specified in paragraphs
(4), (7), and (8) of subdivision (d), or for employment, residence,
or presence in a community care facility as specified in paragraphs
(3), (4), and (5) of subdivision (c), if the director has substantial
and convincing evidence to support a reasonable belief that the
applicant and the person convicted of the crime, if other than the
applicant, are of good character as to justify issuance of the
license or special permit or granting an exemption for purposes of
subdivision (c). Except as otherwise provided in this subdivision, an
exemption shall not be granted pursuant to this subdivision if the
conviction was for any of the following offenses:
   (A) (i) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273d, 288, or 289, subdivision
(c) of Section 290, or Section 368 of the Penal Code, or was a
conviction of another crime against an individual specified in
subdivision (c) of Section 667.5 of the Penal Code.
   (ii) Notwithstanding clause (i), the director may grant an
exemption regarding the conviction for an offense described in
paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
of the Penal Code, if the employee or prospective employee has been
rehabilitated as provided in Section 4852.03 of the Penal Code, has
maintained the conduct required in Section 4852.05 of the Penal Code
for at least 10 years, and has the recommendation of the district
attorney representing the employee's county of residence, or if the
employee or prospective employee has received a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code. This clause shall
not apply to foster care providers, including relative caregivers,
nonrelated extended family members, or any other person specified in
subdivision (b), in those homes where the individual has been
convicted of an offense described in paragraph (1) of subdivision (c)
of Section 667.5 of the Penal Code.
   (B) A felony offense specified in Section 729 of the Business and
Professions Code or Section 206 or 215, subdivision (a) of Section
347, subdivision (b) of Section 417, or subdivision (a) of Section
451 of the Penal Code.
   (C) Under no circumstances shall an exemption be granted pursuant
to this subdivision to any foster care provider applicant if that
applicant, or any other person specified in subdivision (b) in those
homes, has a felony conviction for either of the following offenses:
   (i) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subparagraph, a crime involving violence means a violent crime
specified in clause (i) of subparagraph (A), or subparagraph (B).
   (ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.
   (iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal conviction
described in clause (i) or (ii) prior to the enactment of this
subparagraph.
   (iv) This subparagraph shall remain operative only to the extent
that compliance with its provisions is required by federal law as a
condition for receiving funding under Title IV-E of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
   (2) The department shall not prohibit a person from being employed
or having contact with clients in a facility on the basis of a
denied criminal record exemption request or arrest information unless
the department complies with the requirements of Section 1558.
   (h) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility to
another, as long as the criminal record clearance has been processed
through a state licensing district office, and is being transferred
to another facility licensed by a state licensing district office.
The request shall be in writing to the State Department of Social
Services, and shall include a copy of the person's driver's license
or valid identification card issued by the Department of Motor
Vehicles, or a valid photo identification issued by another state or
the United States government if the person is not a California
resident. Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the State Department of
Social Services shall verify whether the individual has a clearance
that can be transferred.
   (2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of three years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.
   (3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:
   (A) A county office with department-delegated licensing authority
may accept a clearance or exemption from the department.
   (B) The department may accept a clearance or exemption from any
county office with department-delegated licensing authority.
   (C) A county office with department-delegated licensing authority
may accept a clearance or exemption from any other county office with
department-delegated licensing authority.
   (4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by the department or a county office with department-delegated
licensing authority, all of the following shall apply:
   (A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice only if all of the following
conditions are met:
   (i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
   (ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
   (iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.
   (B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.
   (ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county's delegated
licensing authority is rescinded.
   (C) The Department of Justice shall charge the department, a
county office with department-delegated licensing authority, or a
county child welfare agency with criminal record clearance and
exemption authority, a fee for each time a request to substitute the
recipient agency is received for purposes of this paragraph. This fee
shall not exceed the cost of providing the service.
   (5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section 361.4
of the Welfare and Institutions Code may accept a clearance or
exemption from another county with criminal record and exemption
authority pursuant to these sections.
   (B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning an
individual whose criminal record clearance was originally processed
by a county child welfare agency with criminal record clearance and
exemption authority, the Department of Justice shall process a
request from a county child welfare agency with criminal record and
exemption authority to receive the notice only if all of the
following conditions are met:
   (i) The request shall be submitted to the Department of Justice by
the agency to be substituted to receive the notification.
   (ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.
   (iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the State
Department of Social Services and the Department of Justice.
   (i) The full criminal record obtained for purposes of this section
may be used by the department or by a licensed adoption agency as a
clearance required for adoption purposes.
   (j) If a licensee or facility is required by law to deny
employment or to terminate employment of any employee based on
written notification from the state department that the employee has
a prior criminal conviction or is determined unsuitable for
employment under Section 1558, the licensee or facility shall not
incur civil liability or unemployment insurance liability as a result
of that denial or termination.
   (k) The State Department of Social Services may charge a fee for
the costs of processing electronic fingerprint images and related
information.
   (l) Amendments to this section made in the 1999 portion of the
1999-2000 Regular Session shall be implemented commencing 60 days
after the effective date of the act amending this section in the 1999
portion of the 1999-2000 Regular Session, except that those
provisions for the submission of fingerprints for searching the
records of the Federal Bureau of Investigation shall be implemented
90 days after the effective date of that act.

1522.01.  (a) Any person required to be registered as a sex offender
under Section 290 of the Penal Code shall disclose this fact to the
licensee of a community care facility before becoming a client of
that facility. A community care facility client who fails to disclose
to the licensee his or her status as a registered sex offender shall
be guilty of a misdemeanor punishable pursuant to subdivision (a) of
Section 1540. The community care facility licensee shall not be
liable if the client who is required to register as a sex offender
fails to disclose this fact to the community care facility licensee.
However, this immunity does not apply if the community care facility
licensee knew that the client was required to register as a sex
offender.
   (b) Any person or persons operating, pursuant to this chapter, a
community care facility that accepts as a client an individual who is
required to be registered as a sex offender under Section 290 of the
Penal Code shall confirm or deny whether any client of the facility
is a registered sex offender in response to any person who inquires
whether any client of the facility is a registered sex offender and
who meets any of the following criteria:
   (1) The person is the parent, family member, or guardian of a
child residing within a one-mile radius of the facility.
   (2) The person occupies a personal residence within a one-mile
radius of the facility.
   (3) The person operates a business within a one-mile radius of the
facility.
   (4) The person is currently a client within the facility or a
family member of a client within the facility.
   (5) The person is applying for placement in the facility, or
placement of a family member in the facility.
   (6) The person is arranging for a client to be placed in the
facility.
   (7) The person is a law enforcement officer.
   If the community care facility licensee indicates a client is a
registered sex offender, the interested person may describe physical
characteristics of a client and the facility shall disclose that
client's name upon request, if the physical description matches the
client. The facility shall also advise the interested person that
information about registered sex offenders is available to the public
via the Internet Web site maintained by the Department of Justice
pursuant to Section 290.46 of the Penal Code.
   (c) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
   (d) Any person who uses information disclosed pursuant to this
section to commit a misdemeanor shall be subject to, in addition to
any other penalty or fine imposed, a fine of not less than five
hundred dollars ($500) and not more than one thousand dollars
($1,000).
   (e) Except as authorized under another provision of law, or to
protect a child, use of any of the information disclosed pursuant to
this section for the purpose of applying for, obtaining, or denying
any of the following, is prohibited:
   (1) Health insurance.
   (2) Insurance.
   (3) Loans.
   (4) Credit.
   (5) Employment.
   (6) Education, scholarships, or fellowships.
   (7) Benefits, privileges, or services provided by any business
establishment.
   (8) Housing or accommodations.
   (f) Any use of information disclosed pursuant to this section for
purposes other than those provided by subdivisions (a) and (b) shall
make the user liable for the actual damages, and any amount that may
be determined by a jury or a court sitting without a jury, not
exceeding three times the amount of actual damage, and not less than
two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25,000).
   (g) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the information disclosed pursuant to this section, the Attorney
General, any district attorney, or city attorney, or any person
aggrieved by the misuse of that information is authorized to bring a
civil action in the appropriate court requesting preventive relief,
including an application for a permanent or temporary injunction,
restraining order, or other order against the person or group of
persons responsible for the pattern or practice of misuse. The
foregoing remedies shall be independent of any other remedies or
procedures that may be available to an aggrieved party under other
provisions of law, including Part 2 (commencing with Section 43) of
Division 1 of the Civil Code.
   (h) The civil and criminal penalty moneys collected pursuant to
this section shall be transferred to the Community Care Licensing
Division of the State Department of Social Services, upon
appropriation by the Legislature.

1522.02.  (a) The department may adopt regulations to create
substitute employee registries for persons working at more than one
facility licensed pursuant to this chapter, Chapter 3.01 (commencing
with Section 1568.01), Chapter 3.2 (commencing with Section 1569),
Chapter 3.4 (commencing with Section 1569.70), Chapter 3.5
(commencing with Section 1596.90), or Chapter 3.6 (commencing with
Section 1597.30), in order to permit these registries to submit
fingerprint cards, and child abuse index information for child care
registries so that these facilities have available cleared care
staff.
   (b) The department may operate a substitute child care employee
registry pilot program for the purposes of subdivision (a) and may
charge participating registry facilities an administrative fee. The
pilot program is subject to all of the following:
   (1) The pilot program shall be limited to screening employees for
facilities licensed as child care facilities.
   (2) Registries shall not hire any child care worker for employment
at a child care facility who requires an exemption from the criminal
background clearance requirements of law.
   (3) The department shall only guarantee the authenticity of
criminal background and child abuse index information that registries
provide to child care facilities. Any other information provided by
registries may be verified by child care facility operators.
   (4) The department may limit the operation of the pilot program to
the Counties of Alameda, Contra Costa, Monterey, San Benito, San
Francisco, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz,
San Mateo, and Ventura.

1522.03.  The Department of Justice may charge a fee sufficient to
cover its cost in providing services in accordance with Section 1522
to comply with the 14-day requirement for provision to the department
of the criminal record information, as contained in subdivision (c)
of Section 1522.

1522.04.  (a) The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a community
care facility, or a residential care facility, child day care
facility, or foster family agency, licensed by the department
pursuant to this chapter, Chapter 3.01 (commencing with Section
1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.4
(commencing with Section 1596.70), Chapter 3.5 (commencing with
Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30),
or certified family home. Therefore, the Legislature supports the use
of the fingerprint live-scan technology, as identified in the
long-range plan of the Department of Justice, for fully automating
the processing of fingerprints and other data by the year 1999,
otherwise known as the California Crime Information Intelligence
System (CAL-CII) to be used for applicant fingerprints. Therefore,
when live-scan technology is operational, individuals shall be
required to obtain either a criminal record clearance from the
Department of Justice or a criminal record exemption from the State
Department of Social Services, before their initial presence in a
community care facility. The regulations shall also cover the
submission of fingerprint information to the Federal Bureau of
Investigation.
   (b) Upon implementation of an electronic fingerprinting system
with terminals located statewide and managed by the Department of
Justice, the Department of Justice shall ascertain the criminal
history information required pursuant to subdivision (a) of Section
1522.04. If the Department of Justice cannot ascertain the
information required pursuant to that subdivision within three
working days, the Department of Justice shall notify the State
Department of Social Services, or county licensing agencies, either
by telephone and by subsequent confirmation in writing by first-class
mail, or by electronic or facsimile transmission. At its discretion,
the Department of Justice may forward one copy of the fingerprint
cards to any other bureau of investigation it may deem necessary in
order to verify any record of previous arrests or convictions of the
fingerprinted individual.
   (c) For purposes of this section, live-scan technology is
operational when the Department of Justice and the district offices
of the Community Care Licensing Division of the department live-scan
sites are operational and the department is receiving 95 percent of
its total responses indicating either no evidence of recorded
criminal information or evidence of recorded criminal information
from the Department of Justice within three business days.

1522.05.  (a) A foster family agency shall not place a child in a
certified family home until the foster family agency has received
both a criminal record clearance and a child abuse and neglect
registry clearance, as specified in Section 1522.1, from the
department, except as provided in subdivisions (b) and (c).
   (b) Any peace officer, or other category of person approved by the
department subject to criminal record clearance as a condition of
employment, and who has submitted fingerprints and executed a
declaration regarding criminal convictions, may receive a child in
placement pending the receipt of a criminal record clearance when the
certified family home has met all other licensing requirements.
   (c) Any person currently licensed pursuant to this chapter by the
department or a county, when the certified family home has met all
other licensing requirements, and who has submitted fingerprints and
executed a declaration regarding criminal convictions, may receive,
or continue, a child in placement pending the receipt of a criminal
record clearance.

1522.06.  (a) Individuals who are volunteer candidates for mentoring
children in foster care settings, as defined by the department,
shall be subject to a criminal background investigation prior to
having unsupervised contact with the children. The criminal
background check shall be initiated and conducted pursuant to either
Sections 1522 and 1522.1 or Section 1596.603, as applicable. Sections
1522 and 1522.1 may be utilized by a county social services agency
in cooperation with, or as a component of, a licensed foster family
agency.
   (b) (1) The Department of Justice shall not charge a processing
fee with respect to any individual to whom subdivision (a) applies
for a state-level criminal offender record information search
pursuant to Section 1522.
   (2) The State Department of Social Services shall not charge a fee
for the cost of a criminal background investigation under Section
1522 with respect to any individual to whom subdivision (a) applies.

1522.07.  (a) Notwithstanding subdivision (d) of Section 1522,
foster family agencies shall submit fingerprints of their certified
foster parent applicants to the Department of Justice using a card
provided by the State Department of Social Services for that purpose.
   (b) Within 30 calendar days of the receipt of the fingerprints,
the Department of Justice shall notify the State Department of Social
Services of the criminal record information, as provided in
subdivision (a) of Section 1522. If no criminal record information
has been recorded, the Department of Justice shall provide the foster
family agency and the State Department of Social Services with a
statement of that fact within 15 calendar days of receipt of the
fingerprints. If new fingerprints are required for processing, the
Department of Justice shall, within 15 calendar days from the date of
receipt of the fingerprints, notify the licensee that the
fingerprints were illegible.

1522.08.  (a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed or
certified by the state, departments under the jurisdiction of the
California Health and Human Services Agency may share information
between departments within the agency with respect to applicants,
licensees, certificants, or individuals who have been the subject of
any disciplinary action resulting in the denial, suspension,
probation, or revocation of a license, permit, or certificate, or in
the exclusion of any person from a facility, as otherwise provided by
law. The State Department of Social Services shall maintain a
centralized system for the monitoring and tracking of administrative
disciplinary actions, to be used by all departments under the
jurisdiction of the California Health and Human Services Agency as a
part of the background check process.
   (b) The State Department of Social Services, in consultation with
the other departments under the jurisdiction of the California Health
and Human Services Agency, may adopt regulations to implement this
section.
   (c) The State Department of Social Services may charge a fee to
departments under the jurisdiction of the California Health and Human
Services Agency sufficient to cover the cost of providing those
departments with the disciplinary record information specified in
subdivision (a).

1522.08.  (a) In order to protect the health and safety of persons
receiving care or services from individuals or facilities licensed or
certified by the state, the California Department of Aging, State
Department of Public Health, State Department of Alcohol and Drug
Programs, State Department of Mental Health, State Department of
Social Services, and the Emergency Medical Services Authority may
share information with respect to applicants, licensees,
certificates, or individuals who have been the subject of any
administrative action resulting in the denial, suspension, probation,
or revocation of a license, permit, or certificate, or in the
exclusion of any person from a facility who is subject to a
background check, as otherwise provided by law.
   (b) The State Department of Social Services shall maintain a
centralized system for the monitoring and tracking of final
administrative actions, to be used by the California Department of
Aging, State Department of Public Health, State Department of Alcohol
and Drug Programs, State Department of Mental Health, State
Department of Social Services, and the Emergency Medical Services
Authority as a part of the background check process. The State
Department of Social Services may charge a fee to departments under
the jurisdiction of the California Health and Human Services Agency
sufficient to cover the cost of providing those departments with the
final administrative action specified in subdivision (a). To the
extent that additional funds are needed for this purpose,
implementation of this subdivision shall be contingent upon a
specific appropriation provided for this purpose in the annual Budget
Act.
   (c) The State Department of Social Services, in consultation with
the other departments under the jurisdiction of the California Health
and Human Services Agency, may adopt regulations to implement this
section.
   (d) For the purposes of this section and Section 1499,
"administrative action" means any proceeding initiated by the
California Department of Aging, State Department of Public Health,
State Department of Alcohol and Drug Programs, State Department of
Mental Health, State Department of Social Services, and the Emergency
Medical Services Authority to determine the rights and duties of an
applicant, licensee, or other individual or entity over which the
department has jurisdiction. "Administrative action" may include, but
is not limited to, action involving the denial of an application
for, or the suspension or revocation of, any license, special permit,
administrator certificate, criminal record clearance, or exemption.

1522.1.  (a) Prior to granting a license to, or otherwise approving,
any individual to care for or reside with children, the department
shall check the Child Abuse Central Index pursuant to paragraph (4)
of subdivision (b) of Section 11170 of the Penal Code. The Department
of Justice shall maintain and continually update an index of reports
of child abuse by providers and shall inform the department of
subsequent reports received from the Child Abuse Central Index
pursuant to Section 11170 of the Penal Code and the criminal history.
The department shall investigate any reports received from the Child
Abuse Central Index. The investigation shall include, but not be
limited to, the review of the investigation report and file prepared
by the child protective agency which investigated the child abuse
report. The department shall not deny a license based upon a report
from the Child Abuse Central Index unless child abuse or severe
neglect is substantiated.
   (b) For any application received on or after January 1, 2008, if
any prospective licensed or certified foster parent, or adoptive
parent, or any person 18 years of age or older residing in their
household, has lived in another state in the preceding five years,
the licensing agency or licensed adoption agency shall check that
state's child abuse and neglect registry, in addition to checking the
Child Abuse Central Index as provided for in subdivision (a). The
department, in consultation with the County Welfare Directors
Association, shall develop and promulgate the process and criteria to
be used to review and consider other states' findings of child abuse
or neglect.
   (c) If any person in the household is 18 years of age or older and
has lived in another state in the preceding five years, the
department or its designated representative shall check the other
state's child abuse and neglect registry to the same extent required
for federal funding, in addition to checking the Child Abuse Central
Index as provided for in subdivision (a), prior to granting a license
to, or otherwise approving, any foster family home, certified family
home, or person for whom an adoption home study is conducted or who
has filed to adopt.

1522.2.  If a local law enforcement agency, a probation officer, or
a local department or agency that provides social services becomes
aware that an employee of a community treatment facility, a day
treatment facility, a group home, or a foster family agency has been
arrested for child abuse, as defined in Section 11165.6 of the Penal
Code, after determining that the potential for abuse is present and
that the employee is free to return to the facility where children
are present, the local law enforcement agency, probation officer, or
local department or agency shall notify the licensee of the charge of
abuse.

1522.4.  (a) In addition to any other requirements of this chapter
and except for foster family homes, small family homes, and certified
family homes of foster family agencies, all of the following apply
to any community care facility providing 24-hour care for children:
   (1) The facility shall have one or more facility managers.
"Facility manager," as used in this section, means a person on the
premises with the authority and responsibility necessary to manage
and control the day-to-day operation of a community care facility and
supervise the clients. The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements. If the
administrator is also the facility manager for the same facility,
this person shall be limited to the administration and management of
only one facility.
   (2) The facility manager shall have at least one year of
experience working with the client group served, or equivalent
education or experience, as determined by the department.
   (3) A facility manager shall be at the facility at all times when
one or more clients are present. To ensure adequate supervision of
clients when clients are at the facility outside of their normal
schedule, a current telephone number where the facility manager can
be reached shall be provided to the clients, licensing agency,
school, and any other agency or person as the department determines
is necessary. The facility manager shall instruct these agencies and
individuals to notify him or her when clients will be returning to
the facility outside of the normal hours.
   (4) The Legislature intends to upgrade the quality of care in
licensed facilities. For the purposes of Sections 1533 and 1534, the
licensed facility shall be inspected and evaluated for quality of
care at least once each year, without advance notice and as often as
necessary, without advance notice, to ensure the quality of care
being provided.
   Paragraphs (1), (2), and (3) shall apply only to new facilities
licensed for six or fewer children which apply for a license after
January 1, 1985, and all other new facilities licensed for seven or
more children which apply for a license after January 1, 1988.
Existing facilities licensed for seven or more children shall comply
by January 1, 1989.
   (b) No employee of the state or county employed in the
administration of this chapter or employed in a position that is in
any way concerned with facilities licensed under this chapter shall
hold a license or have a direct or indirect financial interest in a
facility described in subdivision (a).
   The department, by regulation, shall make the determination
pursuant to the purposes of this section and chapter, as to what
employment is in the administration of this chapter or in any way
concerned with facilities licensed under this chapter and what
financial interest is direct or indirect.
   This subdivision does not prohibit the state or county from
securing a license for, or operating, a facility that is otherwise
required to be licensed under this chapter.
   (c) (1) No group home or foster family agency licensee, or
employee, member of the board of directors, or officer of a group
home or foster family agency licensee, shall offer gifts or other
remuneration of any type to any employee of the State Department of
Social Services or placement agency that exceeds the monetary limits
for gifts to employees of the State of California pursuant to Title 9
(commencing with Section 81000) of the Government Code and
regulations adopted thereunder by the Fair Political Practices
Commission.
   (2) No employee of the department or a placement agency shall
accept any gift or other remuneration of any type from a group home
or foster family agency licensee or employee, member of the board of
directors, or officer of a group home or foster family agency
licensee that exceeds the monetary limits for gifts to employees of
the State of California in Title 9 (commencing with Section 81000) of
the Government Code and regulations adopted thereunder by the Fair
Political Practices Commission.
   (3) Violation of this subdivision is punishable as a misdemeanor.

1522.41.  (a) The director, in consultation and collaboration with
county placement officials, group home provider organizations, the
Director of Mental Health, and the Director of Developmental
Services, shall develop and establish a certification program to
ensure that administrators of group home facilities have appropriate
training to provide the care and services for which a license or
certificate is issued.
   (b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home facility
shall successfully complete a department-approved certification
program, pursuant to subdivision (c), prior to employment. An
administrator employed in a group home on the effective date of this
section shall meet the requirements of paragraph (2) of subdivision
(c).
   (2) In those cases where the individual is both the licensee and
the administrator of a facility, the individual shall comply with all
of the licensee and administrator requirements of this section.
   (3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
   (4) The licensee shall notify the department within 10 days of any
change in administrators.
   (c) (1) The administrator certification programs shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
   (A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
   (B) Business operations.
   (C) Management and supervision of staff.
   (D) Psychosocial and educational needs of the facility residents.
   (E) Community and support services.
   (F) Physical needs for facility residents.
   (G) Administration, storage, misuse, and interaction of medication
used by facility residents.
   (H) Resident admission, retention, and assessment procedures,
including the right of a foster child to have fair and equal access
to all available services, placement, care, treatment, and benefits,
and to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
   (I) Nonviolent emergency intervention and reporting requirements.
   (J) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment- and violence-free school environment contained in the
School Safety and Violence Prevention Act (Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code).
   (2) The department shall adopt separate program requirements for
initial certification for persons who are employed as group home
administrators on the effective date of this section. A person
employed as an administrator of a group home facility on the
effective date of this section shall obtain a certificate by
completing the training and testing requirements imposed by the
department within 12 months of the effective date of the regulations
implementing this section. After the effective date of this section,
these administrators shall meet the requirements imposed by the
department on all other group home administrators for certificate
renewal.
   (3) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit to the department the
documentation required by subdivision (d) within 30 days after being
notified of having passed the test. The department may extend these
time deadlines for good cause. The department shall notify the
applicant of his or her test results within 30 days of administering
the test.
   (d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
   (1) A certificate of completion of the administrator training
required pursuant to this chapter.
   (2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
   (3) Documentation from the applicant that he or she has passed the
written test.
   (4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have a
current clearance on file.
   (5) That person is at least 21 years of age.
   (e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home facility. Any person willfully making any false
representation as being a certified administrator or facility manager
is guilty of a misdemeanor.
   (f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
subdivision (c). No more than one-half of the required 40 hours of
continuing education necessary to renew the certificate may be
satisfied through online courses. All other continuing education
hours shall be completed in a classroom setting. For purposes of this
section, an individual who is a group home facility administrator
and who is required to complete the continuing education hours
required by the regulations of the State Department of Developmental
Services, and approved by the regional center, may have up to 24 of
the required continuing education course hours credited toward the
40-hour continuing education requirement of this section. Community
college course hours approved by the regional centers shall be
accepted by the department for certification.
   (2) Every administrator of a group home facility shall complete
the continuing education requirements of this subdivision.
   (3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after July 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
   (4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.
   (5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder, as
a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of subdivision (f), and shall
pay a fee in an amount equal to the renewal fee, plus the delinquency
fee, if any, accrued at the time of its revocation or suspension.
Delinquency fees, if any, accrued subsequent to the time of its
revocation or suspension and prior to an order for reinstatement,
shall be waived for a period of 12 months to allow the individual
sufficient time to complete the required continuing education units
and to submit the required documentation. Individuals whose
certificates will expire within 90 days after the order for
reinstatement may be granted a three-month extension to renew their
certificates during which time the delinquency fees shall not accrue.
   (6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
   (7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
   (8) A certificate holder shall inform the department of his or her
employment status and change of mailing address within 30 days of
any change.
   (g) Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:
   (1) The department has revoked any license held by the
administrator after the department issued the certificate.
   (2) The department has issued an exclusion order against the
administrator pursuant to Section 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the
appeal, the department issued a decision and order that upheld the
exclusion order.
   (h) (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Mental Health, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification training programs, and criteria to be used in
authorizing individuals, organizations, or educational institutions
to conduct certification training programs and continuing education
courses. The department may also grant continuing education hours for
continuing courses offered by accredited educational institutions
that are consistent with the requirements in this section. The
department may deny vendor approval to any agency or person in any of
the following circumstances:
   (A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (j).
   (B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group home
facilities.
   (C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes and to pay directly for the services. The department may deny
vendorization to this type of agency only as long as there are other
vendor programs available to conduct the certification training
programs and conduct education courses.
   (2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.
   (3) The department shall prepare and maintain an updated list of
approved training vendors.
   (4) The department may inspect certification training programs and
continuing education courses, including online courses, at no charge
to the department, to determine if content and teaching methods
comply with regulations. If the department determines that any vendor
is not complying with the requirements of this section, the
department shall take appropriate action to bring the program into
compliance, which may include removing the vendor from the approved
list.
   (5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
   (6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
   (7) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
   (i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.
   (ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
   (iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.
   (B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
   (i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
   (j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.
   (k) Notwithstanding any provision of law to the contrary, vendors
approved by the department who exclusively provide either initial or
continuing education courses for certification of administrators of a
group home facility as defined by regulations of the department, an
adult residential facility as defined by regulations of the
department, or a residential care facility for the elderly as defined
in subdivision (k) of Section 1569.2, shall be regulated solely by
the department pursuant to this chapter. No other state or local
governmental entity shall be responsible for regulating the activity
of those vendors.

1522.42.  (a) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Mental Health, and the State Department of
Developmental Services, shall adopt regulations that establish
standardized training and continuing education curricula for facility
managers and direct child care workers in group homes.
   (b) The regulations required by subdivision (a) shall specify the
date by which new and current employees shall be required to meet the
standardized training and continuing education requirements. For
persons employed as child care staff and facility managers on the
effective date of the regulations, the department shall provide
adequate time for these persons to comply with the regulatory
requirements.

1522.43.  (a) (1) For the duties the department imposes on a group
home facility administrator in this chapter and in regulations
adopted by the department, every group home shall state in its plan
of operation, the number of hours per week that the administrator
shall spend completing those duties and how the group home
administrator shall accomplish those duties, including use of support
personnel.
   (2) For initial applicants, the information in paragraph (1) shall
be contained in the plan of operation submitted to the department in
the application.
   (3) For current licensees, the licensee shall submit an amended
plan of operation that contains the information required by paragraph
(1) within six months of the effective date of this section. For
changes in the group home administrator duties imposed by the
department in this chapter or in regulations, a current licensee
shall have six months after the effective date of those duties to
submit an amended plan of operation to reflect the new administrator
duties.
   (b) (1) The department may review a group home's plan of operation
to determine if the plan of operation is sufficient to ensure that
the facility will operate in compliance with applicable licensing
laws and regulations. As part of the review, the department may
request that a peer review panel review the plan of operation.
   (2) The peer review panel shall consist of two representatives
from the department, a qualified group home administrator, an
experienced group home provider, and a member or members from the
placement agency or agencies that place children in group homes.
   (c) A group home shall develop a daily schedule of activities for
the children at the facility. The facility shall have this schedule
available for inspection by the department. The activities in which
the children are scheduled to participate shall be designed to meet
the needs of the individual child, and shall be based on that child's
needs and services plan.

1522.5.  The State Department of Social Services, in processing
fingerprint clearances, shall give expeditious treatment to employees
of, and applicants for employment with, community care facilities,
as defined in Section 1502, which provide services to children, and
child day care facilities, as defined in Section 1596.750.

1523.1.  (a) An application fee adjusted by facility and capacity
shall be charged by the department for the issuance of a license.
After initial licensure, a fee shall be charged by the department
annually on each anniversary of the effective date of the license.
The fees are for the purpose of financing the activities specified in
this chapter. Fees shall be assessed as follows:

                      Fee Schedule
                                  Initial
    Facility Type   Capacity    Application   Annual
  Foster Family
  and                              $2,750     $1,375
  Adoption Agencies
                    1-15            $165       $83
                    16-30           $275       $138
                    31-60           $550       $275
  Adult Day
  Programs          61-75           $689       $344
                    76-90           $825       $413
                    91-120         $1,100      $550
                    121+           $1,375      $688
                    1-3             $413       $413
  Other             4-6             $825       $413
  Community
  Care Facilities   7-15           $1,239      $619
                    16-30          $1,650      $825
                    31-49          $2,064     $1,032
                    50-74          $2,477     $1,239
                    75-100         $2,891     $1,445
                    101-150        $3,304     $1,652
                    151-200        $3,852     $1,926
                    201-250        $4,400     $2,200
                    251-300        $4,950     $2,475
                    301-350        $5,500     $2,750
                    351-400        $6,050     $3,025
                    401-500        $7,150     $3,575
                    501-600        $8,250     $4,125
                    601-700        $9,350     $4,675
                    701+          $11,000     $5,500

   (b) (1) In addition to fees set forth in subdivision (a), the
department shall charge the following fees:
   (A) A fee that represents 50 percent of an established application
fee when an existing licensee moves the facility to a new physical
address.
   (B) A fee that represents 50 percent of the established
application fee when a corporate licensee changes who has the
authority to select a majority of the board of directors.
   (C) A fee of twenty-five dollars ($25) when an existing licensee
seeks to either increase or decrease the licensed capacity of the
facility.
   (D) An orientation fee of fifty dollars ($50) for attendance by
any individual at a department-sponsored orientation session.
   (E) A probation monitoring fee equal to the annual fee, in
addition to the annual fee for that category and capacity for each
year a license has been placed on probation as a result of a
stipulation or decision and order pursuant to the administrative
adjudication procedures of the Administrative Procedure Act (Chapter
4.5 (commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code).
   (F) A late fee that represents an additional 50 percent of the
established annual fee when any licensee fails to pay the annual
licensing fee on or before the due date as indicated by postmark on
the payment.
   (G) A fee to cover any costs incurred by the department for
processing payments including, but not limited to, bounced check
charges, charges for credit and debit transactions, and postage due
charges.
   (H) A plan of correction fee of two hundred dollars ($200) when
any licensee does not implement a plan of correction on or prior to
the date specified in the plan.
   (2) Foster family homes shall be exempt from the fees imposed
pursuant to this subdivision.
   (3) Foster family agencies shall be annually assessed eighty-eight
dollars ($88) for each home certified by the agency.
   (4) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating a facility licensed under this
chapter which serves six or fewer persons.
   (c) (1) The revenues collected from licensing fees pursuant to
this section shall be utilized by the department for the purpose of
ensuring the health and safety of all individuals provided care and
supervision by licensees and to support activities of the licensing
program, including, but not limited to, monitoring facilities for
compliance with licensing laws and regulations pursuant to this
chapter, and other administrative activities in support of the
licensing program, when appropriated for these purposes. The revenues
collected shall be used in addition to any other funds appropriated
in the Budget Act in support of the licensing program.
   (2) The department shall not utilize any portion of these revenues
sooner than 30 days after notification in writing of the purpose and
use of this revenue, as approved by the Director of Finance, to the
Chairperson of the Joint Legislative Budget Committee, and the
chairpersons of the committee in each house that considers
appropriations for each fiscal year. The department shall submit a
budget change proposal to justify any positions or any other related
support costs on an ongoing basis.
   (d) A facility may use a bona fide business check to pay the
license fee required under this section.
   (e) The failure of an applicant or licensee to pay all applicable
and accrued fees and civil penalties shall constitute grounds for
denial or forfeiture of a license.

1523.2.  (a) Beginning with the 1996-97 fiscal year, there is hereby
created in the State Treasury the Technical Assistance Fund, from
which money, upon appropriation by the Legislature in the Budget Act,
shall be expended by the department to fund administrative and other
activities in support of the licensing program.
   (b) In each fiscal year, fees collected by the department pursuant
to Sections 1523.1, 1568.05, 1569.185, and 1596.803 shall be
deposited into the Technical Assistance Fund created pursuant to
subdivision (a) and shall be expended by the department for the
purpose of ensuring the health and safety of all individuals provided
care and supervision by licensees and to support activities of the
licensing program, including, but not limited to, monitoring
facilities for compliance with applicable laws and regulations.
   (c) Notwithstanding any other provision of law, revenues received
by the department from payment of civil penalties imposed on licensed
facilities pursuant to Sections 1522, 1536, 1547, 1548, 1568.0821,
1568.0822, 1568.09, 1569.17, 1569.485, and 1569.49 shall be deposited
into the Technical Assistance Fund created pursuant to subdivision
(a), and shall be expended by the department exclusively for the
technical assistance, training, and education of licensees.

1523.5.  Transitional shelter care facilities, as defined in Section
1502.3, shall be exempt from the fees imposed pursuant to
subdivision (a) of Section 1523.

1524.  A license shall be forfeited by operation of law when one of
the following occurs:
   (a) The licensee sells or otherwise transfers the facility or
facility property, except when change of ownership applies to
transferring of stock when the facility is owned by a corporation,
and when the transfer of stock does not constitute a majority change
of ownership.
   (b) The licensee surrenders the license to the department.
   (c) (1) The licensee moves a facility from one location to
another. The department shall develop regulations to ensure that the
facilities are not charged a full licensing fee and do not have to
complete the entire application process when applying for a license
for the new location.
   (2) This subdivision shall not apply to a licensed foster family
home, a home certified by a licensed foster family agency, or a home
approved pursuant to Sections 309, 361.4, and 361.45 of the Welfare
and Institutions Code. When a foster family home licensee, certified
home parent, or a person approved to care for children pursuant to
Sections 309, 361.4, and 361.45 of the Welfare and Institutions Code
moves to a new location, the existing license, certification, or
approval may be transferred to the new location. All caregivers to
whom this paragraph applies shall be required to meet all applicable
licensing laws and regulations at the new location.
   (d) The licensee is convicted of an offense specified in Section
220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d,
288, or 289 of the Penal Code, or is convicted of another crime
specified in subdivision (c) of Section 667.5 of the Penal Code.
   (e) The licensee dies. If an adult relative notifies the
department of his or her desire to continue operation of the facility
and submits an application, the department shall expedite the
application. The department shall promulgate regulations for
expediting applications submitted pursuant to this subdivision.
   (f) The licensee abandons the facility.
   (g) When the certification issued by the State Department of
Developmental Services to a licensee of an Adult Residential Facility
for Persons with Special Health Care Needs, licensed pursuant to
Article 9 (commencing with Section 1567.50), is rescinded.

1524.1.  (a) Notwithstanding Section 1524, in the event of a sale of
a licensed community care facility, except foster family homes and
small family homes, where the sale will result in a new license being
issued, the sale and transfer of property and business shall be
subject to both of the following:
   (1) The licensee shall provide written notice to the department
and to each resident or client or his or her legal representative of
the licensee's intent to sell the facility at least 60 days prior to
the transfer of property or business, or at the time that a bona fide
offer is made, whichever period is longer.
   (2) The licensee shall, prior to entering into an admission
agreement, inform all residents/clients, or their legal
representatives, admitted to the facility after notification to the
department, of the licensee's intent to sell the property or
business.
   (b) Except as provided in subdivision (e), the property and
business shall not be transferred until the buyer qualifies for a
license or provisional license pursuant to this chapter.
   (1) The seller shall notify, in writing, a prospective buyer of
the necessity to obtain a license, as required by this chapter, if
the buyer's intent is to continue operating the facility as a
community care facility. The seller shall send a copy of this written
notice to the licensing agency.
   (2) The prospective buyer shall submit an application for a
license, as specified in Section 1520, within five days of the
acceptance of the offer by the seller.
   (c) No transfer of the property or business shall be permitted
until 60 days have elapsed from the date when notice has been
provided to the department pursuant to paragraph (1) of subdivision
(a).
   (d) The department shall give priority to applications for
licensure that are submitted pursuant to this section in order to
ensure timely transfer of the property and business. The department
shall make a decision within 60 days after a complete application is
submitted on whether to issue a license pursuant to Section 1520.
   (e) If the parties involved in the transfer of the property and
business fully comply with this section, then the transfer may be
completed and the buyer shall not be considered to be operating an
unlicensed facility while the department makes a final determination
on the application for licensure.

1524.5.  (a) In addition to any other requirements of this chapter,
any community care facility providing residential care for six or
fewer persons, except family homes certified by foster family
agencies, foster family homes, and small family homes, shall provide
a procedure approved by the licensing agency for immediate response
to incidents and complaints. This procedure shall include a method of
assuring that the owner, licensee, or person designated by the owner
or licensee is notified of the incident, that the owner, licensee,
or person designated by the owner or licensee has personally
investigated the matter, and that the person making the complaint or
reporting the incident has received a written response of action
taken or a reason why no action needs to be taken.
   (b) In order to assure the opportunity for complaints to be made
directly to the owner, licensee, or person designated by the owner or
licensee, and to provide the opportunity for the owner, licensee, or
person designated by the owner or licensee to meet residents and
learn of problems in the neighborhood, any facility, except family
homes certified by foster family agencies, foster family homes, and
small family homes, shall establish a fixed time on a weekly basis
when the owner, licensee, or person designated by the owner or
licensee will be present.
   (c) Facilities shall establish procedures to comply with the
requirements of this section on or before July 1, 1996.

1524.6.  (a) In addition to any other requirement of this chapter,
any group home facility, as defined by regulations of the department,
providing care for any number of persons, that is not already
subject to the requirements of Section 1524.5, shall provide a
procedure approved by the licensing agency for immediate response to
incidents and complaints, as defined by regulations of the
department. This procedure shall include a method of ensuring that
the owner, licensee, or person designated by the owner or licensee is
notified of the incident or complaint, that the owner, licensee, or
person designated by the owner or licensee has personally
investigated the matter, and that the person making the complaint or
reporting the incident has received a written response, within 30
days of receiving the complaint, of action taken, or a reason why no
action needs to be taken.
   (b) In order to ensure the opportunity for complaints to be made
directly to the owner, licensee, or person designated by the owner or
licensee, and to provide the opportunity for the owner, licensee, or
person designated by the owner or licensee to meet neighborhood
residents and learn of problems in the neighborhood, any group home
facility shall establish a fixed time on a periodic basis when the
owner, licensee, or person designated by the owner or licensee will
be present. At this fixed time, information shall be provided to
neighborhood residents of the complaint procedure pursuant to Section
1538.
   (c) Facilities shall establish procedures to comply with the
requirements of this section on or before July 1, 2005.
   (d) This section shall not apply to family homes certified by
foster family agencies, foster family homes, and small family homes.
It is not the intent of the Legislature that this section be applied
in a way that is contrary to the child's best interests.

1524.7.  The State Department of Social Services shall provide to
residential care facilities a form, which the residential care
facility shall attach to each resident admission agreement, notifying
the resident that he or she is entitled to obtain services and
equipment from the telephone company. The form shall include the
following information:
   "Any hearing or speech impaired, or otherwise disabled resident of
any residential care facility is entitled to equipment and service
by the telephone company, pursuant to Section 2881 of the Public
Utilities Code, to improve the quality of their telecommunications.
Any resident who has a declaration from a licensed professional or a
state or federal agency pursuant to Section 2881 of the Public
Utilities Code that he or she is hearing or speech impaired, or
otherwise disabled should contact the local telephone company and ask
for assistance in obtaining this equipment and service."
   This section shall not be construed to require, in any way, the
licensee to provide a separate telephone line for any resident.

1525.  Upon the filing of the application for issuance of a license
or for a special permit and substantial compliance with the
provisions of this chapter and the rules and regulations of the
department, the director shall issue to the applicant the license or
special permit. If the director finds that the applicant is not in
compliance with the laws or regulations of this chapter, the director
shall deny the applicant a license or special permit.

1525.25.  (a) It is the intent of the Legislature to provide for
proper case management and orderly transition in placement when
family home licensing or family home certification changes occur.
Placing, licensing, and foster family agencies shall be advised in a
timely manner that a licensed foster family home or certified home
intends to change its licensing or certification status.
   (b) Upon receiving notification that a licensed foster family home
is forfeiting its license, the county shall evaluate the needs of
any child still placed in the home and determine whether the child
requires the level of care to be provided when the home has been
certified by a foster family agency. Any child not requiring that
level of care shall be moved to a home that provides the appropriate
level of care.

1525.3.  Prior to the issuance of any new license or special permit
pursuant to this chapter, the applicant shall attend an orientation
given by the department. The orientation given by the department
shall outline all of the following:
   (a) The rules and regulations of the department applicable to a
community care facility.
   (b) The scope of operation of a community care facility.
   (c) The responsibility entailed in operating a community care
facility.

1525.5.  (a) The director may issue provisional licenses to operate
community care facilities for facilities which the director
determines are in substantial compliance with the provisions of this
chapter and the rules and regulations adopted pursuant thereto,
provided, that no life safety risks are involved, as determined by
the director. In determining whether any life safety risks are
involved, the director shall require completion of all applicable
fire clearances and criminal record clearances as otherwise required
by the department's rules and regulations. The provisional license
shall expire six months from the date of issuance, or at any earlier
time as the director may determine, and may not be renewed. However,
the director may extend the term of a provisional license for an
additional six months at time of application, if it is determined
that more than six months will be required to achieve full compliance
with licensing standards due to circumstances beyond the control of
the applicant, provided all other requirements for a license have
been met.
   (b) This section shall not apply to foster family homes.

1526.  Immediately upon the denial of any application for a license
or for a special permit, the state department shall notify the
applicant in writing. Within 15 days after the state department mails
the notice, the applicant may present his written petition for a
hearing to the state department. Upon receipt by the state department
of the petition in proper form, such petition shall be set for
hearing. The proceedings shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the state department has all the
powers granted therein.

1526.5.  (a) Within 90 days after a facility accepts its first
client for placement following the issuance of a license or special
permit pursuant to Section 1525, the department shall inspect the
facility. The licensee shall, within five business days after
accepting its first client for placement, notify the department that
the facility has commenced operating. Foster family homes are exempt
from the provisions of this subdivision.
   (b) The inspection required by subdivision (a) shall be conducted
to evaluate compliance with rules and regulations and to assess the
facility's continuing ability to meet regulatory requirements. The
department may take appropriate remedial action as authorized by this
chapter.

1526.75.  (a) It is the intent of the Legislature to maintain
quality resources for children needing placement away from their
families. If, during a periodic inspection or an inspection pursuant
to Section 1526.5, a facility is found out of compliance with one or
more of the licensing standards of the department, the department
shall, unless an ongoing investigation precludes it, advise the
provider of the noncompliance as soon as possible. The provider shall
be given the opportunity to correct the deficiency.
   (b) The department shall implement a procedure whereby citations
for noncompliance may be appealed and reviewed.
   (c) Nothing in this section shall preclude the department from
taking any action it may deem necessary to ensure the safety of
children and adults placed in any facility.

1526.8.  (a) It is the intent of the Legislature that the department
develop modified staffing levels and requirements for crisis
nurseries, provided that the health, safety, and well-being of the
children in care are protected and maintained.
   (b) The department shall allow the use of fully trained and
qualified volunteers as caregivers in a crisis nursery, subject to
the following conditions:
   (1) Volunteers shall be fingerprinted for the purpose of
conducting a criminal record review as specified in subdivision (b)
of Section 1522.
   (2) Volunteers shall complete a child abuse central index check as
specified in Section 1522.1.
   (3) Volunteers shall be in good physical health and be tested for
tuberculosis not more than one year prior to, or seven days after,
initial presence in the facility.
   (4) Prior to assuming the duties and responsibilities of a crisis
caregiver or being counted in the staff-to-child ratio, volunteers
shall complete at least eight hours of initial training divided as
follows:
   (A) Four hours of crisis nursery job shadowing.
   (B) Two hours of review of community care licensing regulations.
   (C) Two hours of review of the crisis nursery program, including
the facility mission statement, goals and objectives, and special
needs of the client population they serve.
   (5) Within 90 days, volunteers who are included in the
staff-to-child ratios shall complete at least 20 hours of training
divided as follows:
   (A) Twelve hours of pediatric first aid and pediatric
cardiopulmonary resuscitation.
   (B) Eight hours of child care health and safety issues.
   (6) Volunteers who meet the requirements of paragraphs (1), (2),
and (3), but who have not completed the training specified in
paragraph (4) or (5) may assist a fully trained and qualified staff
person in performing child care duties. However, these volunteers
shall not be left alone with children, shall always be under the
direct supervision and observation of a fully trained and qualified
staff person, and shall not be counted in meeting the minimum
staff-to-child ratio requirements.
   (c) The department shall allow the use of fully trained and
qualified volunteers to be counted in the staff-to-child ratio in a
crisis nursery subject to the following conditions:
   (1) The volunteers have fulfilled the requirements in paragraphs
(1) to (4), inclusive, of subdivision (b).
   (2) There shall be at least one fully qualified and employed staff
person on site at all times.
   (3) (A) There shall be at least one employed staff or volunteer
caregiver for each group of three children, or fraction thereof, from
7 a.m. to 7 p.m.
   (B) There shall be at least one paid caregiver or volunteer
caregiver for each group of four children, or fraction thereof, from
7 p.m. to 7 a.m.
   (C) There shall be at least one employed staff person present for
every volunteer caregiver used by the crisis nursery for the purpose
of meeting the minimum caregiver staffing requirements.
   (d) There shall be at least one staff person or volunteer
caregiver awake at all times from 7 p.m. to 7 a.m.
   (e) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.