California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 2 - License › Section 80007 - Exemption from Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The community care facility regulations contained in this division shall not
				  apply to any of the following:
(1) Any health
				  facility, as defined by section
				  1250
				  of the Health and Safety Code.
(2)
				  Any clinic, as defined by section
				  1202
				  of the Health and Safety Code.
(3)
				  Any family day care home providing care for the children of only one family, in
				  addition to the operator's own children.
(4) Any juvenile placement facility approved
				  by the California Youth Authority or any juvenile hall operated by a
				  county.
(5) Any facility conducted
				  by and for the adherents of any well-recognized church or religious
				  denomination for the purpose of providing facilities for the care or treatment
				  of the sick who depend upon prayer or spiritual means for healing in the
				  practice of the religion of such church or denomination.
(6) Any school dormitory or similar facility
				  where all of the following conditions exist:
(A) The school is certificated/registered by
				  the State Department of Education.
(B) The school and the school dormitory are
				  on the same grounds.
(C) All
				  children accepted by the school are six years of age or older.
(D) The program operates only during normal
				  school terms unless the academic program runs year-round.
(E) The school's function is educational
				  only.
(F) The school program is not
				  designated as providing rehabilitative or treatment services.
(G) The school's function does not promote
				  intent to provide community care services, and the facility does not accept
				  children who are in need of such services, including but not limited to
				  children with developmental disabilities, mental disorders or physical
				  handicaps; juveniles declared dependents of the court under Welfare and
				  Institutions Code section
				  300,
				  and juveniles declared wards of the court under Welfare and Institutions Code
				  sections
				  601
				  and
				  602.
(H) The facility does not receive any public
				  funds designated for care including but not limited to AFDC-FC and SSI/SSP. The
				  facility shall be permitted to receive public funds intended for educational
				  programs.
(I) No public or private
				  agency, including but not limited to county welfare department and probation
				  offices, provides social services to children in the
				  facility.
(7) Any house,
				  institution, hotel, homeless shelter, or other similar place that supplies
				  board and room only, or room only, or board only, which provides no element of
				  care and supervision, as defined in section
				  80001(c)(2).
(8) Any cooperative arrangement between
				  parents for the day care of their children by one or more of the parents where
				  no payment for the day care is involved, including but not limited to the
				  exchange of child day care services between two or more families.
(9) Any care and supervision of persons by a
				  relative, guardian or conservator.
(10) Any care and supervision of persons from
				  only one family by a close friend of the parent, guardian or conservator,
				  provided that such arrangement is not for financial profit and does not exceed
				  10 hours per week.
(A) Provision of longer
				  hours of care shall not be precluded when provided for a brief period of time
				  for reasons, including but not limited to family emergencies, vacation, and
				  military leave.
(11) Any
				  arrangement for the care and supervision of an adult or adults from only one
				  family by a close friend, who is not a licensee or current employee of a
				  Residential Care Facility for the Elderly or of an Adult Residential Facility,
				  and whose friendship pre-existed a provider/recipient relationship, and all of
				  the following are met:
(A) The care and
				  supervision is provided in a home or residence chosen by the recipient,
				  regardless of who owns the home or residence.
(B) The arrangement is not of a business
				  nature, in that the provider does not represent himself or herself as being in
				  the business of provision of care, and any compensation that may be paid to the
				  provider is only for the value of the services rendered.
(C) The arrangement occurs and continues only
				  as long as the needs for care and supervision of the recipient are being
				  adequately met.
(12) Any
				  facility exclusively used by a licensed homefinding agency and issued a
				  certificate of approval by that agency.
(A)
				  Such facilities shall not be required to obtain a license, but shall be in
				  compliance with all other requirements set forth in this division. The
				  facility's compliance with requirements shall be monitored through and assured
				  by the homefinding finding agency. For the purposes of this section, an
				  exclusive-use facility shall mean a nonlicensed residential facility that has
				  been certified by a licensed homefinding agency as conforming to the
				  regulations pertaining to the small family home category. A facility in the
				  exclusive use of a licensed homefinding agency shall accept only those children
				  placed by that agency which certified the home.
(13) A home which meets all of the following
				  criteria:
(A) approved by a licensed adoption
				  agency, or the Department, for the adoptive placement of a child, and
(B) the child is legally free for adoption,
				  and
(C) the agency or the
				  Department is providing supervision of the placement pending finalization of
				  the adoption.
(14) A home
				  which meets all of the following criteria:
(A) placement for adoption by a birth parent,
				  and
(B) a petition for adoption has
				  been filed by the prospective adoptive parents, and is pending, and
(C) a final decision on the petition has not
				  been rendered by the court.
(15) Any placement agency as defined in
				  Health and Safety Code section
				  1536.1
				  or an individual who places individuals for care in a facility licensed to
				  receive and care for such persons.
(16) A county probation or welfare department
				  which places children in certified license pending homes as set forth in
				  section 87007.1.
(17) Any housing project for elderly or
				  disabled individuals that meets federal requirements specified in Health and
				  Safety Code Section
				  1505(p).
(18) The Department.
(19) Any similar facility as determined by
				  the Director.