reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 6 - Other Provisions › Section 1562.15.

1562.15. (a) (1) If a licensee who is also the owner of an adult residential facility notifies the city and county of an intent to sell the property, as required by Section 1562.2, the licensee shall give the city or county the first opportunity to make an offer to purchase the property, at a price that reflects its fair market value, and continue the operation of the adult residential facility. The city or county shall notify the licensee of its intent to purchase the property within 60 days after the notice required by Section 1562.2.
(2) (A) After the city or county has made an offer pursuant to paragraph (1), the licensee may accept that offer or any other offer received by the licensee.
(B)  Notwithstanding paragraph (1), an individual or entity planning to continue operating the licensed adult residential facility may make an offer to purchase the facility, and the licensee may accept the offer at any time. The individual or entity that makes an offer to purchase a facility pursuant to this subparagraph shall provide a written statement to the licensee and the department that the individual or entity agrees to continue the operation of the adult residential facility and apply for licensure as an adult residential facility upon completion of the sale of the existing facility.
(3) A city or county shall have maximum flexibility in seeking and securing available funding sources to purchase a residential care facility under this section, including any federal, state, local, and private funds. Funding from multiple sources may be combined for purposes of this paragraph. The purchase of property under this section is subject to all existing requirements otherwise applicable by law to the purchasing city or county.
(b) (1) A city or county that purchases an adult residential facility pursuant to this section may either take over operation of the facility, or, if possible, enter into a long-term lease for its operation with a nonprofit or for-profit entity. A nonprofit or for-profit entity selected by the city or county shall have a demonstrated history of providing adult residential facility services to individuals in need of those services, including, but not limited to, Medi-Cal and Supplemental Security Income (SSI) recipients.
(2) A lease entered into pursuant to paragraph (1) shall include a requirement that the lessee maintain licensure of the property as an adult residential facility.
(Added by Stats. 2020, Ch. 146, Sec. 3. (AB 2377) Effective January 1, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 6 - Other Provisions › Section 1562.2.

1562.2. (a) A licensee of an adult residential facility shall notify the city and county in which the facility is located of a proposed closure, including whether the licensee intends to sell the property or business, no later than 180 days before its proposed closure, or as soon as practicably possible.
(b) A licensee of an adult residential facility shall inform the city and county in which the facility is located, the department, all residents, and, if applicable, their legal representatives, in writing, within two business days, and shall notify all applicants for potential residence, and, if applicable, their legal representatives, prior to admission, of any of the following events, or knowledge of the event:
(1) A notice of default, notice of trustee’s sale, or any other indication of foreclosure is issued on the property.
(2) An unlawful detainer action is initiated against the licensee.
(3) The licensee files for bankruptcy.
(4) The licensee receives a written notice of default of payment of rent described in Section 1161 of the Code of Civil Procedure.
(5) A utility company has sent a notice of intent to terminate electricity, gas, or water service on the property within not more than 15 days of the notice.
(Amended by Stats. 2020, Ch. 146, Sec. 4. (AB 2377) Effective January 1, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 6 - Other Provisions › Section 1562.35.

1562.35. Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential therapeutic program as defined by 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.
(Amended by Stats. 2016, Ch. 612, Sec. 53. (AB 1997) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 6 - Other Provisions › Section 1562.4.

1562.4. Any person who becomes an administrator of an adult residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502, on or after July 1, 1996, shall, at a minimum, fulfill all of the following requirements:
(a)  Be at least 21 years of age.
(b)  Provide documentation of having successfully completed a certification program approved by the department and successfully passing the state examination.
(c)  Have a high school diploma or pass a general educational development test as described in Article 3 (commencing with Section 51420) of Chapter 3 of Part 28 of the Education Code.
(d)  Obtain a criminal record clearance as provided for in Sections 1522 and 1522.03.
(Amended by Stats. 2005, Ch. 558, Sec. 6. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 6 - Other Provisions › Section 1562.6.

1562.6. (a)  The administrator of an adult residential care facility that provides services for residents who have mental illness shall ensure that a written intake assessment is prepared by a licensed mental health professional prior to acceptance of the client. This assessment may be provided by a student intern if the work is supervised by a properly licensed mental health professional. Facility administrators may utilize placement agencies, including, but not limited to, county clinics for referrals and assessments.
(b)  Within 30 days after an inspection of an adult residential care facility the State Department of Social Services shall provide the licensee with a copy of the licensing report verifying compliance or noncompliance by the facility with applicable licensing provisions. This report shall not include confidential client information, and copies of reports within the last 24 months shall be provided by the facility to the public upon request.
(Added by Stats. 1996, Ch. 828, Sec. 2. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 6 - Other Provisions › Section 1565.5.

1565.5. In addition to any other requirement of this chapter, an adult day program, as defined in Section 1502, shall have an emergency and disaster plan that includes, but is not limited to, all of the following:
(a) Evacuation procedures.
(b) Transportation arrangements.
(c) A contact information list of all of the following:
(1) Local emergency response personnel.
(2) Each client’s authorized representative or local emergency contact name.
(3) The licensing division within the department.
(d) The location of all utility shut-off valves and instructions for use.
(Added by Stats. 2020, Ch. 367, Sec. 13. (SB 1264) Effective January 1, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.

1566. The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of residential care facilities as are commensurate with local need.
The provisions of this article shall apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity.
For the purposes of this article, “six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff.
(Added by Stats. 1978, Ch. 891.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.1.

1566.1. Any person licensed under the provisions of this chapter who operates, or proposes to operate a residential facility, the department or other public agency authorized to license such a facility, or any public or private agency which uses or may use the services of the facility to place its clients, may invoke the provisions of this article.
This section shall not be construed to prohibit any interested party from bringing suit to invoke the provisions of this article.
(Added by Stats. 1978, Ch. 891.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.2.

1566.2. A residential facility, which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other family dwellings of the same type in the same zone are not likewise subject. Nothing in this section shall be construed to forbid the imposition of local property taxes, fees for water service and garbage collection, fees for inspections not prohibited by Section 1566.3, local bond assessments, and other fees, charges, and assessments to which other family dwellings of the same type in the same zone are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to residential facilities that serve six or fewer persons, except for fees authorized pursuant to Section 13235.
For purposes of this section, “family dwellings,” includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 13. Effective July 28, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.25.

1566.25. If a county of residence agrees to pay a placement county the costs of providing services to a minor pursuant to subdivision (a) of Section 740 of the Welfare and Institutions Code, all of the following shall apply:
(a)  The county of residence shall agree to pay the placement county the actual costs of providing services to a child placed in a community care facility outside his or her county of residence by a placement agency, as defined in Section 1536.1, that are incurred by the probation department, social services department, health department, or mental health department of the placement county for which the placement county is not otherwise reimbursed.
(b)  Claims made by the county of placement to the county of residency pursuant to subdivision (a) shall include documentation and shall be paid within 30 days of submission of these claims.
(c)  For the purposes of this section, the county from where the child was placed in the community care facility shall be considered the county of residency.
(Added by Stats. 1992, Ch. 1153, Sec. 4. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.4.

1566.4. No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to a residential facility because of a failure to comply with local ordinances from which such facilities are exempt under Section 1566.3, provided that the applicant otherwise qualifies for such fire clearance, license, permit, or similar authorization.
(Added by Stats. 1978, Ch. 891.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.5.

1566.5. For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, a residential facility which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary.
(Added by Stats. 1978, Ch. 891.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.6.

1566.6. The department shall annually prepare, with a quarterly update commencing July 1, 1979, specifying newly licensed facilities, a list or lists of all licensed community care facilities in the state, other than foster family homes, which shall include the information required by Section 1536 and shall additionally specify as to each such facility the licensed capacity of the facility and whether it is licensed by the state department or by another public agency pursuant to Section 1511. Compliance with this section shall also constitute compliance with Section 1536.
(Amended by Stats. 1984, Ch. 1615, Sec. 7.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.7.

1566.7. The department shall notify affected placement agencies and the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, whenever the department substantiates that a violation has occurred, which poses a serious threat to the health and safety of any resident when the violation results in the assessment of any penalty or causes an accusation to be filed for the revocation of a license. If the violation is appealed by the facility within 15 business days, the department shall only notify placement agencies of the violation when the appeal has been exhausted. If the appeal process has not been completed within 60 days, the placement agency shall be notified with a notation which indicates that the case is still under appeal. The notice to each placement agency shall be updated monthly for the following 24-month period and shall include the name and location of the facility, the amount of the fine, the nature of the violation, the corrective action taken, the status of the revocation, and the resolution of the complaint. At any time during which a facility is found to have one or more of the following serious deficiencies, the director shall provide an immediate notice of not to exceed five working days to the placement agency:
(a)  Discovery that an employee of the facility has a criminal record which would affect the facility’s compliance with Section 1522.
(b)  Discovery that a serious incident that resulted in physical or emotional trauma of a resident has occurred in a facility.
(Amended by Stats. 2016, Ch. 823, Sec. 3. (AB 2231) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.75.

1566.75. (a) By January 1, 2006, the department’s Community Care Licensing Division shall enter into memoranda of understanding with up to 10 local mental health departments that volunteer to participate. Each memorandum of understanding shall outline a formal protocol to address shared responsibilities, monitoring responsibilities, facility closures, training, and a process for mediation of disputes between the local mental health authority and the department’s local licensing office relating to adult residential facilities and social rehabilitation facilities.
(b) On or before January 31, 2006, the department shall transmit a copy of each memorandum of understanding that has been signed to the Legislature.
(Added by Stats. 2004, Ch. 660, Sec. 1. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 7 - Local Regulation › Section 1566.8.

1566.8. Notwithstanding any other provision of law, if according to the rules and regulations of a mobilehome park, the park is designated as a family park or a section of a mixed mobilehome park is designated as a family section, no rule, regulation, rental agreement, or any other provision in existence on the effective date of this section shall, directly or indirectly, prohibit a person from operating in any mobilehome in a family park or designated family section, a licensed foster family home.
(Added by Stats. 1987, Ch. 1092, Sec. 3. Effective September 24, 1987.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 8 - Community Care Facilities for Wards of the Juvenile Court › Section 1567.

1567. It is the intent of the Legislature that each county be encouraged to provide, in the county, a number and variety of licensed community care facilities, as defined in Sections 1502 and 1503 of the Health and Safety Code, commensurate to the needs of minors adjudged wards of the juvenile court pursuant to Section 601 or 602 of the Welfare and Institutions Code, hereinafter in this article referred to as wards of the juvenile court, who are residents of the county.
(Added by Stats. 1978, Ch. 889.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 8 - Community Care Facilities for Wards of the Juvenile Court › Section 1567.1.

1567.1. It is further the intent of the Legislature that, where city or county zoning restrictions unreasonably impair the ability of a county to serve the needs of its residents who are wards of the juvenile court, the removal of these restrictions is hereby encouraged and is a matter of high state interest.
(Added by Stats. 1978, Ch. 889.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 8 - Community Care Facilities for Wards of the Juvenile Court › Section 1567.2.

1567.2. As used in this article, the term “wards of the juvenile court” shall include minors who have been found by the juvenile court to be described by Section 601 or 602 of the Welfare and Institutions Code, as well as minors who are described by Section 601 or 602 of the Welfare and Institutions Code who have been diverted from formal juvenile court proceedings. It is further the intent of the Legislature to encourage that wards of the juvenile court be placed in licensed community care facilities within their county of residence, unless an individual ward has identifiable needs requiring specialized care which cannot be provided in a local facility, or unless the needs of the individual ward dictate physical separation from his family.
(Added by Stats. 1978, Ch. 889.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 8 - Community Care Facilities for Wards of the Juvenile Court › Section 1567.3.

1567.3. (a) No licensed community care facility may receive a ward of the juvenile court as described in Section 602 of the Welfare and Institutions Code until the probation officer of the county in which the community care facility is located has received notice, in writing, by fax, or electronically transmitted, of the placement, as prescribed in Section 740 of the Welfare and Institutions Code, including the name of the ward, the juvenile record of the ward, including any known prior offenses or gang affiliation, and the ward’s county of residence, from the probation officer of the county making the placement, or, in the case of a ward of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, the parole officer in charge of the case. The licensed community care facility shall maintain a copy of this notice on file as evidence of compliance with this section.
(b) (1) The probation officer of a county making an out-of-county placement of a ward of the juvenile court as described in Section 602 of the Welfare and Institutions Code shall notify the probation officer of the county in which the community care facility is located at least 24 hours prior to receipt of the ward by the licensed community care facility. If the ward is received on a weekend or holiday, notification shall be made by the end of the next business day.
(2) A probation officer of a county making an out-of-county placement of a ward of the juvenile court who makes a notification pursuant to paragraph (1) shall also send, at that time, a copy of the notification to the community care facility where the ward is being placed.
(Amended by Stats. 2009, Ch. 46, Sec. 3. (SB 352) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 8 - Community Care Facilities for Wards of the Juvenile Court › Section 1567.4.

1567.4. The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential therapeutic programs, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
(Amended by Stats. 2016, Ch. 612, Sec. 55. (AB 1997) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 8 - Community Care Facilities for Wards of the Juvenile Court › Section 1567.7.

1567.7. This article shall not apply to existing community care facilities for wards of the juvenile court which have received city or county zoning approval prior to the effective date of this article.
(Added by Stats. 1978, Ch. 889.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 8 - Community Care Facilities for Wards of the Juvenile Court › Section 1567.8.

1567.8. A community care facility for wards of the juvenile court, which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other single family dwellings are not likewise subject. Nothing in this section shall be construed to forbid the imposition of local property taxes, fees for water service and garbage collection, fees for inspections not prohibited by Section 1567.9, local bond assessments, and other fees, charges, and assessments to which other single family dwellings are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to community care facilities for wards of the juvenile court which serve six or fewer persons.
(Added by Stats. 1978, Ch. 889.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.5 - Enhanced Behavioral Supports Homes › Section 1567.61.

1567.61. As used in this article the following terms apply:
(a) “Consumer” or “client” means an individual who has been determined by a regional center to meet the eligibility criteria of Section 4512 of the Welfare and Institutions Code and applicable regulations and for whom the regional center has accepted responsibility.
(b) “Individual behavior supports plan” means the plan that identifies and documents the behavior and intensive support and service needs of a consumer and details the strategies to be employed and services to be provided to address those needs, and includes the entity responsible for providing those services and timelines for when each identified individual behavior support will commence.
(c) “Individual behavior supports team” means those individuals who develop, monitor, and revise the individual behavior supports plan for consumers residing in an enhanced behavioral supports home, pursuant to subdivision (d) of Section 4684.80 of the Welfare and Institutions Code.
(Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.5 - Enhanced Behavioral Supports Homes › Section 1567.62.

1567.62. (a) Each enhanced behavioral supports home shall be licensed as an adult residential facility or a group home and certified by the State Department of Developmental Services.
(b) A certificate of program approval issued by the State Department of Developmental Services shall be a condition of licensure for the enhanced behavioral supports home by the State Department of Social Services.
(c) An enhanced behavioral supports home shall not be licensed by the State Department of Social Services until the certificate of program approval, granted by the State Department of Developmental Services, has been received.
(d) Placements of dual agency clients into enhanced behavioral supports homes that are licensed as group homes shall be subject to the limitations on the duration of the placement set forth in Sections 319.2 and 319.3 of, and subparagraphs (A) and (B) of paragraph (9) of subdivision (e) of Section 361.2 of, the Welfare and Institutions Code.
(e) For the purpose of this article, dual agency clients are foster children in temporary custody of the child welfare agency under Section 319 of the Welfare and Institutions Code or under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code who are also either a consumer of regional center services, or who are receiving services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code), but who are under three years of age and have not yet been determined to have a developmental disability.
(f) The State Department of Social Services is not responsible for any of the following:
(1) Developing and approving a consumer’s individual behavior supports plan in conjunction with the consumer’s individual behavior supports team.
(2) (A) Oversight of any services that may be provided by a licensed health professional or licensed mental health professional to a consumer.
(B) Services provided by a licensed health or licensed mental health professional means services that may only be provided under the authority of the licensed health service provider’s or licensed mental health service provider’s professional license.
(g) Subdivision (f) does not limit the State Department of Social Services’ ability to enforce Chapter 3 (commencing with Section 1500), and applicable regulations.
(Amended by Stats. 2019, Ch. 28, Sec. 2. (SB 81) Effective June 27, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.5 - Enhanced Behavioral Supports Homes › Section 1567.63.

1567.63. The license applicant shall submit a facility program plan to the State Department of Developmental Services for approval and submit the approved plan to the State Department of Social Services as part of the facility plan of operation. The plan of operation shall be approved by the State Department of Social Services prior to licensure.
(Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.5 - Enhanced Behavioral Supports Homes › Section 1567.64.

1567.64. The State Department of Social Services shall adopt regulations to address, at a minimum, staffing structure, staff qualifications, and training. Training requirements shall include a minimum of 16 hours of emergency intervention training. “Emergency intervention training” means the techniques the licensee will use to prevent injury to, and maintain safety for, consumers who are a danger to themselves or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints.
(Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.5 - Enhanced Behavioral Supports Homes › Section 1567.65.

1567.65. If the State Department of Social Services determines that urgent action is necessary to protect a consumer residing in an enhanced behavioral supports home from physical or mental abuse, abandonment, or any other substantial threat to their health and safety, the State Department of Social Services shall notify the State Department of Developmental Services. The State Department of Developmental Services may request that the regional center or centers take action within 24 hours, which may include, as appropriate, the removal of a consumer from the enhanced behavioral supports home or obtaining alternative or additional services. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section.
(Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.5 - Enhanced Behavioral Supports Homes › Section 1567.66.

1567.66. An enhanced behavioral supports home employing secured perimeters shall comply with Section 1531.15 and applicable regulations.
(Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.5 - Enhanced Behavioral Supports Homes › Section 1567.67.

1567.67. (a) The State Department of Social Services shall revoke the enhanced behavioral supports home’s facility license if the State Department of Developmental Services has decertified an enhanced behavioral supports home program certification pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code.
(b) The State Department of Developmental Services and regional centers shall, for purposes of assisting in licensing, provide the State Department of Social Services with all available documentation and evidentiary support that was submitted to the State Department of Developmental Services in connection with certification by an applicant for licensure under this article.
(Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.5 - Enhanced Behavioral Supports Homes › Section 1567.68.

1567.68. (a) A license shall not be issued pursuant to this article before emergency regulations for this article filed by the State Department of Developmental Services have been published.
(b) Emergency regulations to implement this article may be adopted by the director of the State Department 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 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, 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.
(c) The adoption, initial 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, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Social Services 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.
(Added by Stats. 2014, Ch. 30, Sec. 6. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.5 - Enhanced Behavioral Supports Homes › Section 1567.69.

1567.69. This article does not interfere with the authority of the State Department of Social Services to temporarily suspend or revoke the license of an enhanced behavioral supports home pursuant to Section 1550.
(Amended by Stats. 2015, Ch. 303, Sec. 277. (AB 731) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.7 - Community Crisis Home Licensure › Section 1567.80.

1567.80. For the purposes of this article, the following definitions apply:
(a) “Consumer” or “client” means an individual who has been determined by a regional center to meet the eligibility criteria of Section 4512 of the Welfare and Institutions Code and applicable regulations, and for whom the regional center has accepted responsibility.
(b) “Individual behavior support plan” means the plan that identifies and documents the behavioral and intensive support and service needs of a consumer and details the strategies to be employed, and services to be provided, to address those needs, and includes the entity responsible for providing those services and timelines for when each identified individual behavioral support will commence.
(Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.7 - Community Crisis Home Licensure › Section 1567.81.

1567.81. (a) (1) Each community crisis home shall be licensed as an adult residential facility or a group home, pursuant to this article, and certified by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code.
(2) Notwithstanding whether a community crisis home is licensed for more than six consumers, subdivisions (a) and (b) of Section 1524.5 shall apply.
(b) A certificate of program approval issued by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, shall be a condition of licensure for the community crisis home by the State Department of Social Services.
(c) A community crisis home shall not be licensed by the State Department of Social Services until the certificate of program approval, issued by the State Department of Developmental Services, has been received.
(d) Placements of dual agency clients into community crisis homes that are licensed as group homes shall be subject to the placement duration limitations described in Sections 319.2 and 319.3 of, and subparagraphs (A) and (B) of paragraph (9) of subdivision (e) of Section 361.2 of, the Welfare and Institutions Code.
(e) For the purpose of this article, dual agency clients are foster children in temporary custody of the child welfare agency under Section 319 of the Welfare and Institutions Code or under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code who are also either a consumer of regional center services, or who are receiving services under the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code), but who are under three years of age and have not yet been determined to have a developmental disability.
(f) The State Department of Social Services shall not be responsible for any of the following:
(1) Developing and approving a consumer’s individual behavior support plan in conjunction with the consumer’s individual behavior support team.
(2) Oversight of any services that may be provided by a licensed health or licensed mental health professional to a consumer. “Services provided by a licensed health or licensed mental health professional” means services that may only be provided under the authority of the licensed health or licensed mental health service provider’s professional license.
(g) Subdivision (f) does not limit the State Department of Social Services’ ability to enforce this chapter and applicable regulations.
(Amended by Stats. 2019, Ch. 28, Sec. 4. (SB 81) Effective June 27, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.7 - Community Crisis Home Licensure › Section 1567.82.

1567.82. The State Department of Social Services’ regulations shall address at least both of the following:
(a) Staffing structure, staff qualifications, and training.
(b) Training requirements shall include a minimum of 16 hours of emergency intervention training. “Emergency intervention training” shall include the techniques the licensee will use to prevent injury and maintain safety regarding consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints.
(Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.7 - Community Crisis Home Licensure › Section 1567.83.

1567.83. (a) When the State Department of Social Services determines that urgent action is necessary to protect consumers residing in a community crisis home from physical or mental abuse, abandonment, or any other substantial threat to their health and safety, the State Department of Social Services shall notify the State Department of Developmental Services. The State Department of Developmental Services may request that the regional center or centers take action within 24 hours, which may include, as appropriate, the removal of a consumer from the community crisis home or obtaining alternative or additional services. When possible, an individual program plan (IPP) meeting shall be convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an action pursuant to this section.
(b) Nothing in this article shall interfere with the authority of the State Department of Social Services to temporarily suspend or revoke the license of a community crisis home pursuant to Section 1550.
(Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.7 - Community Crisis Home Licensure › Section 1567.84.

1567.84. The licensee shall submit the facility program plan approved by the State Department of Developmental Services, pursuant to Section 4698 of the Welfare and Institutions Code, to the State Department of Social Services as part of the facility plan of operation. The plan of operation shall be approved by the State Department of Social Services prior to licensure.
(Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.7 - Community Crisis Home Licensure › Section 1567.85.

1567.85. If applicable, a community crisis home shall be in compliance with Section 1531.15 and the applicable regulations.
(Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.7 - Community Crisis Home Licensure › Section 1567.86.

1567.86. (a) The State Department of Social Services shall revoke the community crisis home’s facility license if the State Department of Developmental Services has rescinded a community crisis home’s certificate of program approval.
(b) The State Department of Developmental Services and regional centers shall provide the State Department of Social Services all available documentation and evidentiary support necessary for the licensing and administration of community crisis homes and enforcement of this article and the applicable regulations.
(Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.7 - Community Crisis Home Licensure › Section 1567.87.

1567.87. (a) A license shall not be issued pursuant to this article until the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services pursuant to Section 4698.1 of the Welfare and Institutions Code.
(b) Emergency regulations to implement this article 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.
(c) 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 State Department of Social Services 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.
(Added by Stats. 2014, Ch. 30, Sec. 7. (SB 856) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.9 - Firearms, Ammunition, and Deadly Weapons › Section 1567.90.

1567.90. (a) This article does not require a facility to accept, store, or retain firearms or ammunition.
(b) The department shall promulgate regulations to implement this article.
(c) Until regulations are adopted, the department may implement and administer the provisions of this article through the issuance of written directives that have the same force and effect as regulations. The directives shall be exempt from 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).
(Added by Stats. 2019, Ch. 840, Sec. 1. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.9 - Firearms, Ammunition, and Deadly Weapons › Section 1567.91.

1567.91. As used in this article, the following terms have the following meanings:
(a) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device.
(b) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.
(c) “Antique firearm” has the same meaning as set forth, and has the same meaning as, in Section 921(a)(16) of Title 18 of the United States Code.
(d) “Deadly weapon” means any of the following:
(1) Any weapon, the possession or concealed carrying of which is prohibited by Section 16590 of the Penal Code.
(2) A destructive device, as defined in Section 16460 of the Penal Code.
(e) “Facility” means a community care facility for adults licensed by the State Department of Social Services, Community Care Licensing Division, except for social rehabilitation facilities and adult day programs.
(Added by Stats. 2019, Ch. 840, Sec. 1. (SB 172) Effective January 1, 2020.)