Article 3 - Regulations

California Health and Safety Code — §§ 1530-1539

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Sections (40)

Amended by Stats. 1978, Ch. 288.

The state department shall adopt, amend, or repeal, in accordance with Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules, regulations, and standards as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state.

Such regulations shall designate separate categories of licensure under which community care facilities shall be licensed pursuant to this chapter, which shall include a separate license category for residential care facilities for the elderly. Such regulations shall also designate the specialized services which community care facilities may be approved to provide pursuant to this chapter.

§ 1530.1

Added by Stats. 2002, Ch. 773, Sec. 5. Effective January 1, 2003.

(a)The department shall adopt regulations, in consultation with providers, consumers, and other interested parties, to combine adult day care and adult day support centers licensing categories into one category, which shall be designated adult day programs.

(b)The consolidated regulations shall take into account the diversity of consumers and their caregivers, and the role of licensing in promoting consumer choice, health and safety, independence, and inclusion in the community.

(c)The department shall also take into account the diversity of existing programs designed to meet unique consumer needs, including, but not limited to, programs serving elders with cognitive or physical impairments, non-facility-based programs serving persons with developmental disabilities, respite-only programs, and other programs serving a unique population.

§ 1530.3

Added by Stats. 2006, Ch. 388, Sec. 2. Effective January 1, 2007.

The director shall report to the Legislature during the 2007–08 budget hearings on the progress of the department’s children’s residential regulation review workgroup. The report shall include all of the following:

(a)A summary of the activities of the workgroup up to the date of the report.

(b)The timeline for completion of the workgroup’s activities.

(c)Any recommendations being considered for statutory, regulatory, and policy changes, and any workplan for the implementation of those recommendations.

§ 1530.5

Amended by Stats. 2020, Ch. 104, Sec. 9. (AB 2944) Effective September 18, 2020.

(a)The department, in establishing regulations, including provisions for periodic inspections, under this chapter for foster family homes, certified family homes, and resource family homes of foster family agencies, shall consider these homes as private residences, and shall establish regulations for these foster family homes, certified family homes, and resource family homes of foster family agencies as an entirely separate regulation package from regulations for all other community care facilities. Certified family homes of foster family agencies and foster family homes shall not be subject to civil penalties pursuant to this chapter, except for penalties imposed pursuant to Sections 1522 and 1547. Resource family homes of foster family

agencies shall not be subject to civil penalties pursuant to this chapter, as specified in Section 16519.54 of the Welfare and Institutions Code. The department, in adopting and amending regulations for these foster family homes and certified family homes of foster family agencies, shall consult with foster parent and foster family agency organizations in order to ensure compliance with the requirement of this section.

(b)This section shall not apply to small family homes or foster family agencies as defined in Section 1502.

§ 1530.6

Amended by Stats. 2017, Ch. 732, Sec. 24. (AB 404) Effective January 1, 2018.

(a)Notwithstanding any other law, persons licensed or approved pursuant to this chapter to provide residential foster care to a child either placed with them pursuant to order of the juvenile court or voluntarily placed with them by the person or persons having legal custody of the child, may give the same legal consent for that child as a parent except for the following:

(1)Marriage.

(2)Entry into the Armed Forces.

(3)Medical and dental treatment, except that consent may be given for ordinary medical and dental treatment

for the child, including, but not limited to, immunizations, physical

examinations, and X-rays.

(4)Educational decisions that are required to be made by a child’s educational rights holder.

(5)If the child is voluntarily placed by the parent or parents, those items as are agreed to in writing by the parties to the placement.

(b)To this effect, the department shall prescribe rules and regulations to carry out the intent of this section.

(c)This section does not apply to any situation in which a juvenile court order expressly reserves the right to consent to those activities to the court.

§ 1530.7

Amended by Stats. 2017, Ch. 732, Sec. 25. (AB 404) Effective January 1, 2018.

(a)A licensed children’s residential facility shall maintain a smoke-free environment in the facility.

(b)A person who is licensed, certified, or approved pursuant to this chapter to provide residential care in a foster family home, certified family home, or resource family home shall not smoke a tobacco product or permit any other person to smoke a tobacco product inside the home, and, when the child is present, on the outdoor grounds of the home.

(c)A person who is licensed, certified, or approved pursuant to this chapter to provide residential foster care shall not smoke a tobacco product in any motor vehicle that is

regularly used to transport a child.

(d)For purposes of this section, “smoke” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(e)For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

§ 1530.8

Amended by Stats. 2019, Ch. 341, Sec. 5. (AB 1235) Effective January 1, 2020.

(a)(1) The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities, as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt regulations that apply to short-term residential therapeutic programs that care for children younger than six years of age. The regulations shall include the standards set forth in subdivision (c) of Section 11467.1 of the Welfare and Institutions Code.

(2)The department shall adopt regulations under this section that apply

to minor parent programs serving children younger than six years of age who reside in a group home with a minor parent who is the primary caregiver of the child. The department shall adopt regulations under this section that apply to short-term residential therapeutic programs that provide minor parent programs serving children younger than six years of age.

(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential therapeutic programs that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of

current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2017, any proposed regulations.

(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state childcare standards under Title 5 and Title 22 of the California Code of Regulations.

(c)For purposes

of this section, a “temporary shelter care facility” means any residential facility that meets all of the following requirements:

(1)It is owned and operated by the county or on behalf of a county by a private, nonprofit agency.

(2)It is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.

(d)(1) The department may license a temporary shelter care facility pursuant to this chapter on or after January 1, 2016. A temporary shelter care license may be issued only to a county operating a

licensed group home, or to an agency on behalf of a county, as of January 1, 2016.

(2)The department shall consult with counties that operate these shelters as licensed group homes to develop a transition plan for the development of temporary shelter care facilities to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of the act that added this subdivision.

(3)These transition plans shall describe circumstances under which children will be admitted for a period in excess of 24 hours and reflect necessary staffing levels or staffing transitions.

(e)(1) A group home license issued to a county will be forfeited by operation of law

upon receipt of a license to operate a temporary shelter care facility, as described in Section 11462.022 of the Welfare and Institutions Code.

(2)This subdivision does not preclude a county from applying for and being licensed as a short-term residential therapeutic program pursuant to Section 1562.01 or a youth homelessness prevention center pursuant to Section 1502.35, or a foster family agency as authorized by subdivision (b) of Section 11462.02 of the Welfare and Institutions Code.

§ 1530.9

Amended by Stats. 2012, Ch. 34, Sec. 22. (SB 1009) Effective June 27, 2012.

(a)The department shall, with the advice and assistance of the State Department of Health Care Services, counties, parent and children’s advocacy groups, and group home providers, adopt regulations for the licensing of licensed community treatment facilities at the earliest possible date.

(b)The regulations adopted pursuant to this section shall specify requirements for facility operation and

maintenance.

(c)Program certification and standards enforcement shall be the responsibility of the State Department of Health Care Services, pursuant to Section 4094 of the Welfare and Institutions Code. The State Department of Social Services shall not issue a community treatment facility license unless the applicant has obtained certification of compliance from the State Department of Health Care Services.

§ 1530.90

Added by Stats. 2022, Ch. 50, Sec. 3. (SB 187) Effective June 30, 2022.

(a)A community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 and licensed pursuant to this chapter, shall meet the requirements of this section.

(b)(1) A community treatment facility shall have national accreditation from an entity identified by the department pursuant to subdivision (c) of Section 4094.2 of the Welfare and Institutions Code.

(2)A community treatment facility applicant shall submit documentation of accreditation, or application for accreditation, with its application for licensure.

(3)A community treatment facility shall have up to 24

months from the date of licensure to obtain accreditation.

(4)A community treatment facility that has not obtained accreditation shall provide documentation to the department reporting its progress in obtaining accreditation at 12 months and at 18 months after the date of licensure.

(5)This subdivision does not preclude the department from requesting additional information from the community treatment facility regarding its accreditation status.

(6)The department may revoke a community treatment facility’s license pursuant to Article 5 (commencing with Section 1550) for failure to obtain accreditation within the timeframes specified in this subdivision.

(c)(1) A community treatment facility shall prepare and maintain a current,

written plan of operation as required by the department.

(2)The plan of operation shall include a program statement that includes, but is not limited to, all of the following:

(A)A description of how the community treatment facility will meet standards for a comprehensive trauma-informed treatment model designed to address the individualized needs of children, consistent with Section 1522.45, that include, but are not limited to, a description of the services to be provided or arranged to meet the short-term and long-term needs and goals of the child as assessed by the qualified individual, consistent with the assessment described in subdivision (e) of Section 4094.5 and subdivision (g) of Section 4096 of the Welfare and Institutions Code, as applicable.

(B)A plan for how the community treatment facility will make

licensed nursing staff available, as set forth in Section 4094 of the Welfare and Institutions Code and Chapter 12 (commencing with Section 1900) of Division 1 of Title 9 of the California Code of Regulations.

(C)A description of the community treatment facility’s ability to support the individual needs of children and their families, including, but not limited to, treatment that implements child-specific short- and long-term needs and goals identified by the qualified individual’s assessment of the child as described in subdivision (e) of Section 4094.5 and subdivision (g) of Section 4096 of the Welfare and Institutions Code, as applicable.

(D)A description of procedures for the development, implementation, and periodic updating of the needs and services plan for children served by the community treatment facility and procedures for collaborating with the child and family team

described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, as applicable, that include, but are not limited to, a description of the services to be provided or arranged to meet the short- and long-term needs and goals of the child as assessed by the qualified individual, consistent with the assessment described in subdivision (e) of Section 4094.5 and subdivision (g) of Section 4096 of the Welfare and Institutions Code, as applicable, processes to ensure treatment is consistent with the short- and long-term needs and goals for the child, including, as specified in the child’s permanency plan, the anticipated duration of the treatment, and processes to ensure that consistent progress is made toward the timeframe and plan for transitioning the child to a less restrictive family environment.

(E)(i) A description of how the community treatment facility, in accordance with the child’s

case plan and the child and family team recommendations, will provide for, arrange for the provision of, or assist in, all of the following:

(I)Identification of home-based family care settings for a child who does not have a home-based caregiver identified.

(II) Development of discharge planning and an individualized family-based aftercare support plan that identifies necessary supports, services, and treatment to be provided for at least six months postdischarge as a child moves from the community treatment facility placement to a home-based family care setting or to a permanent living situation through reunification, adoption, or guardianship, or to a transitional housing program. This plan shall be developed, pursuant to Section 4096.6 of the Welfare and Institutions Code, in collaboration with the county placing agency, the child and family team, and other necessary agencies

or individuals for at least six months postdischarge. Federal financial participation under the Medi-Cal program shall only be available for aftercare services if all state and federal specialty mental health service requirements are met and the treatment is medically necessary, regardless of the six months postdischarge requirement.

(III) Documentation of the process by which the short- and long-term, child-specific mental health goals identified by a qualified individual, as defined in Section 16501 of the Welfare and Institutions Code, consistent with the assessment described in subdivision (e) of Section 4094.5 and subdivision (g) of Section 4096 of the Welfare and Institutions Code, will be implemented by the community treatment facility, as applicable.

(ii) Clause (i) shall not be interpreted to supersede the placement and care responsibility vested in the county child

welfare agency or probation department.

(F)(i) A description of how the community treatment facility will, to the extent clinically appropriate, consistent with any applicable court orders, and in accordance with the child’s best interest, do all of the following:

(I)Facilitate participation of family members in the child’s treatment program.

(II) Facilitate outreach to the family members of the child, including siblings, document how the outreach is made, including contact information, and maintain contact information for any known biological family and nonrelative extended family members of the child.

(III) Document how family members will be integrated into the treatment process for the child, including postdischarge, and how

sibling connections are maintained.

(ii) Clause (i) shall not be interpreted to supersede the placement and care responsibility vested in the county child welfare agency or probation department.

(G)Any other information that may be prescribed by the department for the proper administration of this section.

(d)The community treatment facility shall maintain in the child’s record the written determination and the qualified individual’s assessment of the child, as applicable, required to be completed and provided to the community treatment facility pursuant to subdivision (e) of Section 4094.5 of the Welfare and Institutions Code.

(e)(1) Emergency regulations to implement this section may be adopted by the Director of Social

Services in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). These emergency regulations shall be developed in consultation with system stakeholders. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.

(2)The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an

emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance.

(3)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards until regulations are adopted. These interim

licensing standards shall have the same force and effect as regulations until the adoption of regulations.

§ 1530.91

Amended by Stats. 2021, Ch. 297, Sec. 1. (AB 1140) Effective January 1, 2022.

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

(b)Any facility licensed to provide foster care for six or more children pursuant to this chapter shall post a listing of a foster child’s rights specified in Section 16001.9 of

the Welfare and Institutions Code, as developed by the Office of the State Foster Care Ombudsperson pursuant to Section 16164 of the Welfare and Institutions Code. The Office of the State Foster Care Ombudsperson shall provide the posters it has designed pursuant to Section 16164 of the Welfare and Institutions Code to each facility subject to this subdivision. The posters shall include the telephone number of the Office of the State Foster Care Ombudsperson.

(c)The department shall ensure that a facility licensed, and a home certified or approved by a foster family agency to provide foster care, pursuant to this chapter, including residential facilities and foster homes in which children have been placed by the Office of Refugee Resettlement of the United States Department of Health and Human Services, shall accord children and

nonminor dependents in foster care their personal rights, including, but not limited to, the rights specified in Section 16001.9 of the Welfare and Institutions Code, as applicable. The department shall adopt regulations to implement and enforce this subdivision. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and enforce this subdivision by written directives until regulations are adopted.

§ 1531

Added by Stats. 1973, Ch. 1203.

The regulations for a license shall prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services based upon the category of licensure.

The regulations for a special permit shall prescribe standards for the quality of specialized services, including, but not limited to, staffing with duly qualified personnel which take into account the age, physical and mental capabilities, and the needs of the persons to be served.

The state department’s regulations shall allow for the development of new and innovative community programs.

§ 1531.1

Amended by Stats. 2017, Ch. 561, Sec. 108. (AB 1516) Effective January 1, 2018.

(a)A residential facility licensed as an adult residential facility, group home, short-term residential therapeutic program, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.

(b)As used in this section, “delayed egress device” means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any resident’s departure from the facility for longer than 30 seconds.

(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.

(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:

(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.

(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).

(3)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility

equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.

(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.

(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents’ personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.

(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.

(h)The plan shall include, but shall not be limited to, all of the following:

(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.

(2)A description of how the facility will ensure the protection of the residents’ personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.

(3)A description of how the facility will manage the person’s lack of hazard awareness and impulse control behavior.

(4)A description of the facility’s emergency evacuation procedures.

(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.

(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.

§ 1531.15

Amended by Stats. 2020, Ch. 11, Sec. 9. (AB 79) Effective June 29, 2020. Section conditionally operative as prescribed by its own provisions.

(a)A licensee of an adult residential facility, short-term residential therapeutic program, or group home for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), that is utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.

(b)As used in this section, “secured perimeters” means fences that meet the requirements prescribed by this section.

(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:

(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.

(3)(A) The person shall be 14 years of age or older, except as specified in subparagraph (B).

(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home described in subdivision (a) using secured perimeters only if both of the following occur:

(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services’ statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.

(ii) The regional center requests placement of the child in a licensed group home described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting such as a developmental center, institution for mental disease or psychiatric facility, and the State Department of Developmental Services approves the request.

(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.

(5)(A) An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for the person’s safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall convene every 90 days after admission to determine and document the continued appropriateness of the current placement and progress in implementing the transition plan.

(B)The clients’ rights advocate for the regional center shall be notified of the proposed admission and the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on their own behalf.

(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.

(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents’ personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.

(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department

of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:

(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.

(2)A description of how the facility will provide training for staff.

(3)A description of how the facility will ensure the protection of the residents’ personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of

Regulations.

(4)A description of how the facility will manage residents’ lack of hazard awareness and impulse control behavior, which shall emphasize positive behavioral supports and techniques that are alternatives to physical, chemical, or mechanical restraints, or seclusion.

(5)A description of the facility’s emergency evacuation procedures.

(6)A description of how the facility will comply with applicable health and safety standards.

(g)Secured perimeters shall not substitute for adequate staff.

(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and

supervision on each shift.

(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.

(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.

(k)The state shall not authorize or fund more than a combined total of 174 beds statewide in facilities with secured perimeters under this section and under Section 1267.75. The department shall notify the appropriate fiscal and policy committees of the Legislature through the January and May budget estimates prior to authorizing an increase above a combined total of 100 beds statewide in facilities with secured perimeters under this section and under Section 1267.75.

(1)A minimum of 50 beds shall be available within programs designed for individuals who are designated incompetent to stand trial pursuant to Section 1370.1 of the Penal Code. These beds shall be within facilities that are exclusively used to provide care for individuals who are placed and participating in forensic competency training pursuant to Section 1370.1 of the Penal Code,

except as provided in paragraph (2). No more than half of these facilities may have more than 6 beds and no facility may have more than 15 beds.

(2)When, in the joint determination of the regional center and the facility administrator, an individual would be most appropriately served in a specific program, regardless of whether the facility meets the criteria established in paragraph (1), individuals who are not similarly designated may be placed in the same facility. That placement may occur only when the individual’s planning team determines that the placement and the facility plan of operation meet the individual’s needs and that placement is not incompatible with the needs and safety of other facility residents.

(l)This section shall become operative only upon the publication in Title 17 of the

California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumer’s needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general

welfare.

§ 1531.18

Added by renumbering Section 1531.2 (as added by Stats. 1989, Ch. 993, Sec. 2) by Stats. 2015, Ch. 303, Sec. 271. (AB 731) Effective January 1, 2016.

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

§ 1531.2

Amended (as added by Stats. 1998, Ch. 729) by Stats. 2002, Ch. 773, Sec. 6. Effective January 1, 2003.

(a)Upon the filing by the department of emergency regulations with the Secretary of State, an adult day program, as defined in Division 6 of Title 22 of the California Code of Regulations, or Section 1502, that provides care and supervision for adults with Alzheimer’s disease and other dementias may install for the safety and security of these persons secured perimeter fences or egress control devices of the time-delay type on exit doors if they meet all of the requirements for additional safeguards required by those regulations. The initial adoption of new emergency regulations on and after January 1, 1999, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.

(b)As used in this section, “egress control device” means a device that precludes the use of exits for a predetermined period of time. An egress control device shall not delay any client’s departure from the facility for longer than 30 seconds. Facility staff may attempt to redirect a client who attempts to leave the facility.

(c)A facility that installs an egress control device pursuant to this section shall meet all of the following requirements:

(1)The facility shall be subject to all fire and building codes, regulations, and standards applicable to adult day programs using egress control devices or secured perimeter fences and before using an egress control device shall receive a fire clearance from the fire authority having jurisdiction for the egress control devices.

(2)The facility shall require any client entering the facility to provide documentation of a diagnosis by a physician of Alzheimer’s disease or other dementias, if such a diagnosis has been made. For purposes of this section, Alzheimer’s disease shall include dementia and related disorders that increase the tendency to wander, decrease hazard awareness, and decrease the ability to communicate.

(3)The facility shall provide staff training regarding the use and operation of the egress control devices used by the facility, the protection of clients’ personal rights, wandering behavior and acceptable methods of redirection, and emergency evacuation procedures for persons with dementia.

(4)All admissions to the facility shall continue to be voluntary on the part of the client or with the lawful consent of the client’s conservator or a person who has the authority to act on behalf of the client. Persons who have the authority to act on behalf of a client may include the client’s spouse, relative or relatives, or designated care giver or care givers.

(5)Any client entering a facility pursuant to this section who does not have a conservator or does not have a person with the authority to act on his or her behalf shall sign a statement of voluntary entry. The facility shall retain the original statement in the client’s file at the facility.

(6)The use of egress control devices or secured perimeter fences shall not substitute for adequate staff. Staffing ratios shall at all times meet the requirements of applicable regulations.

(7)Emergency fire and earthquake drills shall be conducted at least once every three months, or more frequently as required by a county or city fire department or local fire prevention district. The drills shall include all facility staff and volunteers providing client care and supervision.

(8)The facility shall develop a plan of operation approved by the department that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143. The plan shall include, but not be limited to, all of the following:

(A)A description of how the facility will provide training to staff regarding the use and operation of the egress control device utilized by the facility.

(B)A description of how the facility will ensure the protection of the residents’ personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.

(C)A description of the facility’s emergency evacuation procedures for persons with Alzheimer’s disease and other dementias.

(d)This section does not require an adult day program to use secured perimeters or egress control devices in providing care for persons with Alzheimer’s disease or other dementias.

(e)The department shall adopt regulations to implement this section in accordance with those provisions of the Administrative Procedure Act contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(f)The State Fire Marshal may also adopt regulations to implement this section.

§ 1531.3

Added by Stats. 1992, Ch. 1288, Sec. 1. Effective January 1, 1993.

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

§ 1531.4

Added by Stats. 1998, Ch. 343, Sec. 1. Effective January 1, 1999.

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

§ 1531.5

Added by Stats. 1983, Ch. 521, Sec. 1.

(a)The State Department of Social Services shall not deny a license for a foster family home solely on the basis that the applicant is a parent who has administered corporal punishment not constituting child abuse, or will continue to administer such corporal punishment, to his or her own children.

(b)Nothing in this section shall be construed to prevent the state department from denying a license for a foster care home where the applicant has been found by the state department to have engaged in child abuse.

(c)As used in this section, “child abuse” means a situation in which a child suffers from any one or more of the following:

(1)Serious physical injury inflicted upon the child by other than accidental means.

(2)Harm by reason of intentional neglect or malnutrition or sexual abuse.

(3)Going without necessary and basic physical care.

(4)Willful mental injury, negligent treatment, or maltreatment of a child under the age of 18 by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Director of Social Services.

(5)Any condition which results in the violation of the rights or physical, mental, or moral welfare of a child or jeopardizes the child’s present or future health, opportunity for normal development, or capacity for independence.

(d)Nothing in this section shall be construed to permit a foster parent to administer any corporal punishment to a foster child.

§ 1532

Amended by Stats. 1984, Ch. 1143, Sec. 3.

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

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

§ 1533

Amended by Stats. 2014, Ch. 29, Sec. 7. (SB 855) Effective June 20, 2014.

(a)Except as otherwise provided in this section, any duly authorized officer, employee, or agent of the State Department of Social Services may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this chapter.

(b)(1) Foster family homes that are considered private residences for the purposes of Section 1530.5 shall not be subject to inspection by the department or its officers without advance notice, except in response to a complaint, a plan of correction, or as set forth

in Section 1534. The complaint inspection shall not constitute an inspection as required by Section 1534. Announced inspections of foster family homes required by Section 1534 shall be made during normal business hours, unless the serious nature of a complaint requires otherwise.

(2)As used in this subdivision, “normal business hours” means from 8 a.m. to 5 p.m., inclusive, of each day from Monday to Friday, inclusive, other than state holidays.

§ 1534