reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 1 - General Provisions › Section 1512.5.

1512.5. (a)  No residential facility may prohibit the formation of a family council, and, when requested by a member of the resident’s family or the resident’s responsible party, the family council shall be allowed to meet in a common meeting room of the facility during mutually agreed upon hours.
(b)  Facility policies on family councils shall in no way limit the right of residents and family members to meet independently with outside persons, including members of nonprofit or government organizations or with facility personnel during nonworking hours.
(c)  “Family council” for the purpose of this section means a meeting of family members, friends, responsible parties, or agents as defined in Section 14110.8 of the Welfare and Institutions Code of two or more patients to confer in private without facility staff.
(d)  Family councils shall also be provided adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, and newsletters.
(Added by Stats. 1989, Ch. 466, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 1 - General Provisions › Section 1513.

1513. No license or special permit issued pursuant to the provisions of this chapter shall have any property value for sale or exchange purposes and no person, including any owner, agent, or broker, shall sell or exchange any license or special permit for any commercial purpose.
(Amended by Stats. 1980, Ch. 1285.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 1 - General Provisions › Section 1514.

1514. (a)  Each residential care facility licensed under this chapter shall reveal its license number in all advertisements, publications, or announcements made with the intent to attract clients or residents.
(b)  Advertisements, publications, or announcements subject to the requirements of subdivision (a) shall include, but are not limited to, those contained in the following:
(1)  Newspaper or magazine.
(2)  Consumer report.
(3)  Announcement of intent to commence business.
(4)  Telephone directory yellow pages.
(5)  Professional or service directory.
(6)  Radio or television commercial.
(Added by Stats. 1989, Ch. 458, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 1 - General Provisions › Section 1515.

1515. (a) The department shall authorize county welfare departments to undertake comprehensive recruitment programs, including but not limited to media advertising, public awareness campaigns and public speaking engagements to ensure an adequate number of foster homes are available to meet the child welfare placement needs in each county.
(b) In counties in which the county has contracted with the state to license foster parents, if the county undertakes a recruitment program, it shall be done by the placement agency. The state shall not be required to perform any acts in connection with a recruitment program.
(c) The recruitment of potential foster parents shall include diligent efforts to recruit individuals who reflect the ethnic, racial, and cultural diversity of foster children.
(Amended by Stats. 2014, Ch. 772, Sec. 5. (SB 1460) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 1 - General Provisions › Section 1517.2.

1517.2. (a) The application form signed by a resource family applicant of a foster family agency shall be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant. Any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor.
(b) (1) Before approving a resource family, a foster family agency shall conduct a reference check of the applicant to determine whether it is safe and appropriate for the foster family agency to approve the applicant to be a resource family by contacting all of the following:
(A) Any foster family agencies that have certified the applicant.
(B) Any state or county licensing offices that have licensed the applicant as a foster family home.
(C) Any counties that have approved the applicant as a relative or nonrelative extended family member.
(D) Any foster family agencies or counties that have approved the applicant as a resource family.
(E) Any state licensing offices that have licensed the applicant as a community care facility, child daycare center, or family childcare home.
(F) Any Indian tribe or tribal agency that has approved or licensed an applicant in any of the categories described in subparagraphs (A) to (E), inclusive.
(2) Notwithstanding subdivision (c), within 20 business days of being contacted by a foster family agency, a foster family agency that has previously certified the applicant or approved the applicant as a resource family shall divulge information as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code and unless otherwise prohibited by law, regarding the applicant to the requesting foster family agency conducting a reference check.
(c) The department, a county, a foster family agency, an Indian tribe, or a tribal agency may request information from, or divulge information to, the department, a county, a foster family agency, an Indian tribe, or a tribal agency regarding a prospective resource family for the purpose of conducting, and as necessary to conduct, a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
(d) For purposes of this section, the term Indian tribe means Indian tribe as defined in subdivision (a) of Section 224.1 of the Welfare and Institutions Code.
(Amended by Stats. 2020, Ch. 104, Sec. 3. (AB 2944) Effective September 18, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 1 - General Provisions › Section 1517.3.

1517.3. (a) A person shall not incur civil liability as a result of providing the department with either of the following:
(1) A foster family agency’s log of resource families that have been approved or have had approval rescinded.
(2) Notification of a foster family agency’s determination to rescind the approval of a resource family due to any of the following actions by a resource family parent:
(A) Violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any other applicable law.
(B) Aiding, abetting, or permitting the violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any other applicable law.
(C) Conduct that poses a risk or threat to the health and safety, protection, or well-being of a child, or the people of the State of California.
(D) Conviction at any time before or during his or her approval of a crime described in Section 1522.
(E) Knowingly allowing a child to have illegal drugs, alcohol, or any tobacco product, as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
(F) Committing an act of child abuse or neglect or an act of violence against another person.
(b) The department, a county, or a foster family agency shall not incur civil liability for providing each other with information if the communication is for the purpose of aiding in the evaluation of an application for approval of a resource family by a foster family agency.
(Added by Stats. 2016, Ch. 612, Sec. 28. (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 1 - General Provisions › Section 1517.4.

1517.4. (a) (1) A foster family agency shall place a resource family on inactive status upon notification by the resource family in accordance with this section and the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code.
(2) For purposes of this section, and notwithstanding Section 1517 of this code or Section 16519.5 of the Welfare and Institutions Code, “inactive status” means a period of time during which a resource family is not eligible to provide foster care for a child and is not subject to an approval update.
(b) The written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code shall include, but not be limited to, all of the following:
(1) The method by which a resource family shall notify a foster family agency of the following:
(A) A request to be placed on inactive status.
(B) A request to end inactive status.
(2) The actions to be taken by a foster family agency to end an inactive status.
(3) Any time limitations on inactive status.
(4) The circumstances under which a foster family agency shall conduct inspections of the home of a resource family during a period of inactive status.
(c) Nothing in this section or in Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code limits the authority of the department to enter and inspect the home of a resource family on inactive status in order to investigate a complaint or incident or to ensure unauthorized care and supervision is not being provided to a child.
(d) A resource family shall maintain all approval standards required by Section 1517 upon ending inactive status.
(e) This section does not limit the authority of the department to institute or continue an administrative action against a resource family or any individual residing or regularly present in the home of a resource family during a period of inactive status.
(Added by Stats. 2017, Ch. 732, Sec. 11. (AB 404) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 1 - General Provisions › Section 1518.

1518. (a)  Nothing in this chapter shall authorize the imposition of rent regulations or controls for licensed community care facilities.
(b)  Licensed community care facilities shall not be subject to controls on rent imposed by any state or local agency or other local government or entity.
(Added by Stats. 1981, Ch. 386.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1520.11.

1520.11. (a)  A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, an executive director, or any officer has been licensed to operate, been employed in, or served as a member of the board of directors, the executive director, or an officer.
(b)  The department shall not issue a provisional license or license to any corporate applicant that has a member of the board of directors, an executive director, or an officer, who is not eligible for licensure pursuant to Section 1520.3 or Section 1558.1.
(c)  The department may revoke the license of any corporate licensee that has a member of the board of directors, an executive director, or an officer, who is not eligible for licensure pursuant to Section 1520.3 or Section 1558.1.
(d)  Prior to instituting an administrative action pursuant to either subdivision (b) or (c), the department shall notify the applicant or licensee of the person’s ineligibility to be a member of the board of directors, an executive director, or an officer of the applicant or licensee. The licensee shall remove the person from that position within 15 days or, if the person has client contact, he or she shall be removed immediately upon notification.
(Added by Stats. 1998, Ch. 311, Sec. 13. Effective August 19, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1520.2.

1520.2. (a)  Every licensed community care facility, at the request of a majority of its residents, shall assist its residents in establishing and maintaining a resident-oriented facility council. The council shall be composed of residents of the facility and may include family members of residents of the facility. The council may, among other things, make recommendations to facility administrators to improve the quality of daily living in the facility and may negotiate to protect residents’ rights with facility administrators.
(b)  A violation of subdivision (a) shall not be subject to the provisions of Section 1540 but shall be subject to the provisions of Section 1534 and any other provisions of this chapter.
(c)  This section shall not apply to a community care facility as defined in paragraphs (3), (5), and (6) of subdivision (a) of Section 1502, or to a community care facility licensed to provide care for six or fewer individuals.
(Added by Stats. 1984, Ch. 1272, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1520.5.

1520.5. (a) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential facilities that impair the integrity of residential neighborhoods. Therefore, the department shall deny an application for a new residential facility license if the department determines that the location is in a proximity to an existing residential facility that would result in overconcentration.
(b) As used in this section, “overconcentration” means that if a new license is issued, there will be residential facilities that are separated by a distance of 300 feet or less, as measured from any point upon the outside walls of the structures housing those facilities. Based on special local needs and conditions, the department may approve a separation distance of less than 300 feet with the approval of the city or county in which the proposed facility will be located.
(c) At least 45 days prior to approving any application for a new residential facility, the department, or county licensing agency, shall notify, in writing, the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.
(d) Any city or county may request denial of the license applied for on the basis of overconcentration of residential facilities.
(e) Nothing in this section authorizes the department, on the basis of overconcentration, to refuse to grant a license upon a change of ownership of an existing residential facility when there is no change in the location of the facility.
(f) Foster family homes and residential facilities for the elderly shall not be considered in determining overconcentration of residential facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
(g) Transitional shelter care facilities and temporary shelter care facilities shall not be considered in determining overconcentration of residential facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
(Amended by Stats. 2015, Ch. 773, Sec. 15. (AB 403) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1520.7.

1520.7. (a) Every community care facility that is licensed or has a special permit for specialized services pursuant to Section 1525 shall provide a copy of the disaster and mass casualty plan required pursuant to Section 80023 of Title 22 of the California Code of Regulations to any fire department, law enforcement agency, or civil defense or other disaster authority in the area or community in which the facility is located, upon request by the fire department, law enforcement agency, or civil defense or other disaster authority. Section 1540 shall not apply to this section.
(b) The department is not required to monitor compliance with this section as part of its regulatory monitoring functions.
(Added by Stats. 2007, Ch. 18, Sec. 1. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1521.

1521. Any person desiring a license for a community care facility under the provisions of this chapter which is required by other code provisions or rules or regulations of the state department pursuant to other code provisions to have a medical director, organized medical staff, or resident medical staff or to provide professional nursing services by a registered nurse or supervision of nursing services by a licensed registered nurse, a graduate nurse, a licensed vocational nurse, or a certified psychiatric technician shall comply with the health planning requirements contained in Part 1.5 (commencing with Section 437) of Division 1.
All other community care facilities shall be exempt from the health planning requirements contained in Part 1.5 (commencing with Section 437) of Division 1.
(Amended by Stats. 1974, Ch. 497.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1521.5.

1521.5. (a)  The county welfare director shall, prior to the issuance of any foster family home license, ensure that the county licensing staff, or the placement staff, conducts one or more in-home interviews with the prospective foster parent sufficient to collect information on caregiver qualifications that may be used by the placement agency to evaluate the ability, willingness, and readiness of the prospective foster parent to meet the varying needs of children. The inability of a prospective foster parent to meet the varying needs of children shall not, in and of itself, preclude a prospective foster parent from obtaining a foster family home license.
(b)  All in-home interviews required by this section shall be on an in-person basis.
(c)  If the in-home interview is conducted by the licensing agency, it shall be a part of the licensing record, and shall be shared with the placement agency pursuant to subdivision (e) of Section 1798.24 of the Civil Code.
(d)  The in-home interview required by this section shall be completed no later than 120 days following notification by the licensing agency.
(e)  No license shall be issued unless an in-home interview has been conducted as required by this section.
(Amended by Stats. 2002, Ch. 918, Sec. 1. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1521.6.

1521.6. (a) The Legislature recognizes the importance of ensuring that prospective foster family homes meet specified health and safety requirements. Moreover, the Legislature acknowledges that there is a further need to evaluate a licensed foster parent’s ability, readiness, and willingness to meet the varying needs of children in order to ensure competent placement resources. Therefore, it is the intent of the Legislature that the State Department of Social Services, in consultation with county placement agencies, foster care providers, and other interested parties, develop and implement through regulations, a comprehensive home study process that integrates the decision outcome of the home study developed pursuant to Section 16518 of the Welfare and Institutions Code, as a criteria for placement.
(b) This section shall become inoperative on the date the regulations adopted pursuant to this section are filed with the Secretary of State.
(Amended by Stats. 2022, Ch. 967, Sec. 1. (AB 2466) Effective January 1, 2023. Inoperative on date prescribed by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1521.7.

1521.7. (a) (1) The State Department of Social Services shall submit a report to the Legislature by July 1, 2024, that includes all of the following data, which shall be collected beginning no later than January 1, 2023:
(A) The number of resource family applicants who applied for resource family approval, or tribally approved homes who applied for approval, to care for a relative child and who were denied a criminal record exemption for a crime not listed in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522.
(B) The number of resource family applicants who applied for resource family approval, or tribally approved homes who applied for approval, to care for a relative child and who were ineligible for a criminal record exemption pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522.
(C) The total number of administrative appeals filed by resource family applicants or tribally approved home applicants described in subparagraph (A) or (B) in response to the denial of a criminal record exemption or a determination of ineligibility for a criminal record exemption and the number of those administrative appeals in which the denial or determination of the department or other approving entity was upheld.
(D) The number of resource family applicants who applied for resource family approval, or tribally approved homes who applied for approval, to care for a relative child and who were granted a criminal record exemption pursuant to paragraph (2) of subdivision (d) of Section 16519.5 of the Welfare and Institutions Code.
(2) (A) The department shall stratify the data required pursuant to paragraph (1) by a variety of demographic characteristics, including, at a minimum, by race and income level.
(B) The department shall also stratify the data required pursuant to subparagraph (C) of paragraph (1) by county.
(b) Foster family agencies shall report to the department the information specified in subdivision (a) for each resource family applicant, as applicable, as determined by the department in written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Added by Stats. 2021, Ch. 687, Sec. 1. (SB 354) Effective January 1, 2022. Repealed as of January 1, 2026, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.02.

1522.02. (a)  The department may adopt regulations to create substitute employee registries for persons working at more than one facility licensed pursuant to this chapter, Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.4 (commencing with Section 1569.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), in order to permit these registries to submit fingerprint cards, and child abuse index information for child care registries so that these facilities have available cleared care staff.
(b)  The department may operate a substitute child care employee registry pilot program for the purposes of subdivision (a) and may charge participating registry facilities an administrative fee. The pilot program is subject to all of the following:
(1)  The pilot program shall be limited to screening employees for facilities licensed as child care facilities.
(2)  Registries shall not hire any child care worker for employment at a child care facility who requires an exemption from the criminal background clearance requirements of law.
(3)  The department shall only guarantee the authenticity of criminal background and child abuse index information that registries provide to child care facilities. Any other information provided by registries may be verified by child care facility operators.
(4)  The department may limit the operation of the pilot program to the Counties of Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, San Mateo, and Ventura.
(Amended by Stats. 2002, Ch. 669, Sec. 2. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.03.

1522.03. The Department of Justice may charge a fee sufficient to cover its cost in providing services in accordance with Section 1522 to comply with the 14-day requirement for provision to the department of the criminal record information, as contained in subdivision (c) of Section 1522.
(Amended by Stats. 1998, Ch. 311, Sec. 16. Effective August 19, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.04.

1522.04. (a)  The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of approval for persons to operate or provide direct care services in a community care facility, or a residential care facility, child day care facility, or foster family agency, licensed by the department pursuant to this chapter, Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or certified family home. Therefore, the Legislature supports the use of the fingerprint live-scan technology, as identified in the long-range plan of the Department of Justice, for fully automating the processing of fingerprints and other data by the year 1999, otherwise known as the California Crime Information Intelligence System (CAL-CII) to be used for applicant fingerprints. Therefore, when live-scan technology is operational, individuals shall be required to obtain either a criminal record clearance from the Department of Justice or a criminal record exemption from the State Department of Social Services, before their initial presence in a community care facility. The regulations shall also cover the submission of fingerprint information to the Federal Bureau of Investigation.
(b)  Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the criminal history information required pursuant to subdivision (a) of Section 1522.04. If the Department of Justice cannot ascertain the information required pursuant to that subdivision within three working days, the Department of Justice shall notify the State Department of Social Services, or county licensing agencies, either by telephone and by subsequent confirmation in writing by first-class mail, or by electronic or facsimile transmission. At its discretion, the Department of Justice may forward one copy of the fingerprint cards to any other bureau of investigation it may deem necessary in order to verify any record of previous arrests or convictions of the fingerprinted individual.
(c)  For purposes of this section, live-scan technology is operational when the Department of Justice and the district offices of the Community Care Licensing Division of the department live-scan sites are operational and the department is receiving 95 percent of its total responses indicating either no evidence of recorded criminal information or evidence of recorded criminal information from the Department of Justice within three business days.
(Amended by Stats. 2000, Ch. 819, Sec. 3. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.06.

1522.06. (a) Individuals who are volunteer candidates for mentoring children in foster care settings, as defined by the department, in private alternative boarding schools, or in private alternative outdoor programs, shall be subject to a criminal background investigation prior to having unsupervised contact with the children. The criminal background check shall be initiated and conducted pursuant to either Sections 1522 and 1522.1 or Section 1596.603, as applicable. Sections 1522 and 1522.1 may be utilized by a county social services agency in cooperation with, or as a component of, a licensed foster family agency.
(b) (1) The Department of Justice shall not charge a processing fee with respect to any individual to whom subdivision (a) applies for a state-level criminal offender record information search pursuant to Section 1522.
(2) The State Department of Social Services shall not charge a fee for the cost of a criminal background investigation under Section 1522 with respect to any individual to whom subdivision (a) applies.
(Amended by Stats. 2016, Ch. 864, Sec. 7. (SB 524) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.07.

1522.07. (a)  Notwithstanding subdivision (d) of Section 1522, foster family agencies shall submit fingerprints of their certified foster parent applicants to the Department of Justice using a card provided by the State Department of Social Services for that purpose.
(b)  Within 30 calendar days of the receipt of the fingerprints, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided in subdivision (a) of Section 1522. If no criminal record information has been recorded, the Department of Justice shall provide the foster family agency and the State Department of Social Services with a statement of that fact within 15 calendar days of receipt of the fingerprints. If new fingerprints are required for processing, the Department of Justice shall, within 15 calendar days from the date of receipt of the fingerprints, notify the licensee that the fingerprints were illegible.
(Added by Stats. 1991, Ch. 1200, Sec. 5. Effective October 14, 1991.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.09.

1522.09. (a) The department shall, no later than July 1, 2017, develop a notice that does all of the following:
(1) Contains the telephone number to make a complaint regarding a community care facility or child care facility.
(2) Includes information about the prohibition of impeding mandated reports.
(3) Includes information about the option to make a confidential complaint.
(b) The notice developed pursuant to subdivision (a) shall be posted conspicuously in a prominent area in all foster family agencies.
(Added by Stats. 2016, Ch. 850, Sec. 1. (AB 1001) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.1.

1522.1. (a) Prior to granting a license to, or otherwise approving, any individual to care for or reside with children, the department shall check the Child Abuse Central Index pursuant to paragraph (4) of subdivision (b) of Section 11170 of the Penal Code. The Department of Justice shall maintain and continually update an index of reports of child abuse by providers and shall inform the department of subsequent reports received from the Child Abuse Central Index pursuant to Section 11170 of the Penal Code and the criminal history. The department shall investigate any reports received from the Child Abuse Central Index. The investigation shall include, but not be limited to, the review of the investigation report and file prepared by the child protective agency which investigated the child abuse report. Licensure or approval shall not be denied based upon a report from the Child Abuse Central Index unless child abuse or severe neglect is substantiated.
(b) For any application received on or after January 1, 2008, if any prospective foster parent, or adoptive parent, or any person 18 years of age or older residing in their household, has lived in another state in the preceding five years, the licensing agency or licensed adoption agency shall check that state’s child abuse and neglect registry, in addition to checking the Child Abuse Central Index as provided for in subdivision (a). The department, in consultation with the County Welfare Directors Association of California, shall develop and promulgate the process and criteria to be used to review and consider other states’ findings of child abuse or neglect.
(c) If any person in the household is 18 years of age or older and has lived in another state in the preceding five years, the department or its designated representative shall check the other state’s child abuse and neglect registry to the same extent required for federal funding, in addition to checking the Child Abuse Central Index as provided for in subdivision (a), prior to granting a license to, or otherwise approving, any foster family home, certified family home, resource family, or person for whom an adoption home study is conducted or who has filed to adopt.
(d) If any licensee of a community care facility that is eligible to accept placement of a dependent child or any associated individual, as described in paragraph (1) of subdivision (b) of Section 1522, has lived in another state in the preceding five years, the department shall check that state’s child abuse and neglect registry, in addition to the Child Abuse Central Index as specified in subdivision (a). The department shall develop and promulgate the process and criteria to be used to review and consider other states’ findings of child abuse or neglect.
(Amended by Stats. 2019, Ch. 777, Sec. 6. (AB 819) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.2.

1522.2. If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential therapeutic program, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
(Amended by Stats. 2016, Ch. 612, Sec. 30. (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 2 - Administration › Section 1522.42.

1522.42. (a) The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall adopt regulations that establish standardized training and continuing education curricula for facility managers and direct child care workers in group homes.
(b) The regulations required by subdivision (a) shall specify the date by which new and current employees shall be required to meet the standardized training and continuing education requirements. For persons employed as child care staff and facility managers on the effective date of the regulations, the department shall provide adequate time for these persons to comply with the regulatory requirements.
(Amended by Stats. 2012, Ch. 34, Sec. 21. (SB 1009) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.44.

1522.44. (a) It is the policy of the state that caregivers of children in foster care possess knowledge and skills relating to the reasonable and prudent parent standard, as defined in subdivision (c) of Section 362.05 of the Welfare and Institutions Code.
(b) Except for licensed foster family homes, certified family homes, and resource families approved by a foster family agency, each licensed community care facility that provides care and supervision to children and operates with staff shall designate at least one onsite staff member to apply the reasonable and prudent parent standard to decisions involving the participation of a child who is placed in the facility in age or developmentally appropriate activities in accordance with the requirements of Section 362.05 of the Welfare and Institutions Code, Section 671(a)(10) of Title 42 of the United States Code, and the regulations adopted by the department pursuant to this chapter.
(c) A licensed and certified foster parent, resource family, or facility staff member, as described in subdivision (b), shall receive training related to the reasonable and prudent parent standard that is consistent with Section 671(a)(24) of Title 42 of the United States Code. This training shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting one or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities.
(d) This section does not apply to a youth homelessness prevention center, a private alternative boarding school, or a private alternative outdoor program, as those terms are defined, respectively, in subdivision (a) of Section 1502.
(Amended by Stats. 2019, Ch. 341, Sec. 4. (AB 1235) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.45.

1522.45. (a) All licensed community care facilities serving children shall provide trauma-informed care and utilize trauma-informed practices, as defined and set forth in standards and regulations adopted by the department.
(b) The department shall adopt regulations to implement this section. 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 administer this section through interim licensing standards until regulations are adopted.
(Added by Stats. 2020, Ch. 104, Sec. 6. (AB 2944) Effective September 18, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.5.

1522.5. The State Department of Social Services, in processing fingerprint clearances, shall give expeditious treatment to employees of, and applicants for employment with, community care facilities, as defined in Section 1502, which provide services to children, and child day care facilities, as defined in Section 1596.750.
(Added by Stats. 1986, Ch. 927, Sec. 3. Effective September 22, 1986.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1522.7.

1522.7. (a) This section shall not apply to individuals who are subject to paragraph (2) of subdivision (g) of Section 1522.
(b) The criteria described in this section shall apply to a person subject to the criminal record clearance provisions of Section 1522, Section 1568.09, Section 1569.17, or Section 1596.871.
(c) The department may grant a simplified criminal record exemption if an individual meets all of the following criteria:
(1) The individual has not been convicted of a violent crime.
(2) The individual has not been convicted of a crime within the last five years.
(3) The individual has not been convicted of a felony within the last 10 years.
(4) The individual has five or fewer misdemeanor convictions.
(5) The individual has no more than one felony conviction.
(6) The individual has not been convicted of a crime for which the department is prohibited from granting an exemption.
(d) The department may require, in its discretion, an individual who is otherwise eligible for a simplified exemption pursuant to this subdivision to complete the standard exemption process if the department determines completing the standard exemption process will protect the health and safety of any person who is a client of a community care facility.
(e) A simplified criminal record exemption granted pursuant to this section does not relieve the person from compliance with other applicable background check provisions.
(f) For purposes of this section “simplified exemption” means an exemption issued on the department’s own motion pursuant to paragraph (4) of subdivision (c) of Section 1522.
(Added by Stats. 2022, Ch. 581, Sec. 2. (AB 1720) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1523.2.

1523.2. (a) Beginning with the 1996–97 fiscal year, there is hereby created in the State Treasury the Technical Assistance Fund, from which money, upon appropriation by the Legislature in the Budget Act, shall be expended by the department to fund administrative and other activities in support of the licensing program.
(b) In each fiscal year, fees collected by the department pursuant to Sections 1523.1, 1568.05, 1569.185, and 1596.803 shall be deposited into the Technical Assistance Fund created pursuant to subdivision (a) and shall be expended by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by licensees and to support activities of the licensing program, including, but not limited to, monitoring facilities for compliance with applicable laws and regulations.
(c) Notwithstanding any other provision of law, revenues received by the department from payment of civil penalties imposed on licensed facilities pursuant to Sections 1522, 1536, 1547, 1548, 1568.0821, 1568.0822, 1568.09, 1569.17, 1569.485, and 1569.49 shall be deposited into the Technical Assistance Fund created pursuant to subdivision (a), and may be expended by the department for the technical assistance, training, and education of licensees.
(Amended by Stats. 2014, Ch. 29, Sec. 6. (SB 855) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1523.5.

1523.5. Transitional shelter care facilities, as defined in Section 1502.3, shall be exempt from the fees imposed pursuant to subdivision (a) of Section 1523.1.
(Amended by Stats. 2017, Ch. 732, Sec. 22. (AB 404) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1524.01.

1524.01. A resource family approval shall be forfeited by operation of law when one of the following occurs:
(a) The resource family surrenders the approval to the licensed foster family agency.
(b) The sole resource family parent dies.
(c) The resource family abandons the approved home.
(d) The resource family fails to cooperate with a biennial update, as described in subparagraph (F) of paragraph (3) of subdivision (b) of Section 1517, within 30 days of the date of written notice by the licensed foster family agency.
(e) A resource family approval is forfeited by operation of law, as provided in Section 1517.5 of this code or Section 16519.58 of the Welfare and Institutions Code.
(Amended by Stats. 2020, Ch. 104, Sec. 8. (AB 2944) Effective September 18, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 2 - Administration › Section 1524.1.

1524.1. (a)  Notwithstanding Section 1524, in the event of a sale of a licensed community care facility, except foster family homes and small family homes, where the sale will result in a new license being issued, the sale and transfer of property and business shall be subject to both of the following:
(1)  The licensee shall provide written notice to the department and to each resident or client or his or her legal representative of the licensee’s intent to sell the facility at least 60 days prior to the transfer of property or business, or at the time that a bona fide offer is made, whichever period is longer.
(2)  The licensee shall, prior to entering into an admission agreement, inform all residents/clients, or their legal representatives, admitted to the facility after notification to the department, of the licensee’s intent to sell the property or business.
(b)  Except as provided in subdivision (e), the property and business shall not be transferred until the buyer qualifies for a license or provisional license pursuant to this chapter.
(1)  The seller shall notify, in writing, a prospective buyer of the necessity to obtain a license, as required by this chapter, if the buyer’s intent is to continue operating the facility as a community care facility. The seller shall send a copy of this written notice to the licensing agency.
(2)  The prospective buyer shall submit an application for a license, as specified in Section 1520, within five days of the acceptance of the offer by the seller.
(c)  No transfer of the property or business shall be permitted until 60 days have elapsed from the date when notice has been provided to the department pursuant to paragraph (1) of subdivision (a).
(d)  The department shall give priority to applications for licensure that are submitted pursuant to this section in order to ensure timely transfer of the property and business. The department shall make a decision within 60 days after a complete application is submitted on whether to issue a license pursuant to Section 1520.
(e)  If the parties involved in the transfer of the property and business fully comply with this section, then the transfer may be completed and the buyer shall not be considered to be operating an unlicensed facility while the department makes a final determination on the application for licensure.
(Added by Stats. 1992, Ch. 873, Sec. 1. Effective January 1, 1993.)