Cal. HSC § 1520.1 — California Code / Code hsc / Division 2 / Chapter 3 / Article 2 / Section 1520.1
Section 1520.1
Status: in_force

In addition to Section 1520, applicants for a group home or short-term residential therapeutic program 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, including progress of the facility toward obtaining mental health program approval, if applicable, 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 or short-term residential therapeutic program 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 the reasons described in subparagraph (A) or (B), or up to an additional 12 months for the reason described in subparagraph (C):

(A) The group home or short-term residential therapeutic program requires additional time to be in full compliance with licensing standards.

(B) After 12 months of operation, the group home or short-term residential therapeutic program is not operating at 50 percent of its licensed capacity.

(C) The short-term residential therapeutic program requires additional time to complete the mental health program approval as set forth in Section 1562.01. The department may require ongoing documentation to ensure progress toward mental health program approval. The department may also require ongoing documentation that the provider is ensuring access to specialty mental health services during provisional licensure.

(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 or short-term residential therapeutic program 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 or short-term residential therapeutic program 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 or short-term residential therapeutic program’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 or governing body and every member of a short-term residential therapeutic program’s board of directors or governing body shall, prior to becoming a member of the board of directors or governing body sign a statement that they understand their legal duties and obligations as a member of the board of directors or governing body and that the group home’s or short-term residential therapeutic program’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 or governing body when the booklet is produced, the licensee shall obtain this statement by the next scheduled meeting of the board of directors or governing body. Compliance with this paragraph shall be a condition of licensure.

(2) The department shall distribute to every group home provider and short-term residential therapeutic program provider, respectively, detailed information designed to educate members of the group home provider’s or short-term residential therapeutic program provider’s board of directors or governing body of their roles and responsibilities as members of a public benefit corporation under the laws of this state. The information shall be included in a booklet, may be revised as deemed necessary by the department, and shall include, but not be limited to, all of the following:

(A) The financial responsibilities of a member of the board of directors or governing body.

(B) Disclosure requirements for self-dealing transactions.

(C) Legal requirements pertaining to articles of incorporation, bylaws, length of member terms, voting procedures, board or governing body meetings, quorums, minutes of meetings, and, as provided for in subdivision (f), member duties.

(D) A general overview of the laws and regulations governing the group home’s or short-term residential therapeutic program’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 or short-term residential therapeutic program representative who is responsible for ensuring the accuracy of the information contained in the record, or when a time clock is used, the payroll register shall be signed and dated, and those financial records 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 or short-term residential therapeutic program application, any financial documents and plans of corrections submitted to the department, and timesheets.

(e) (1) It is the intent of the Legislature that a group home or short-term residential therapeutic program 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 or short-term residential therapeutic program provider shall schedule and conduct quarterly meetings of its board of directors or governing body. During these quarterly meetings, the board of directors or governing body shall review and discuss licensing reports, financial and program audit reports of its group home or short-term residential therapeutic program operations, special incident reports, and any administrative action against the licensee or its employees. The minutes shall reflect the board’s or governing body’s discussion of these documents and the group home’s or short-term residential therapeutic program’s operation. The licensee shall make available the minutes of group home’s or short-term residential therapeutic program’s board of directors or governing body meetings to the department.