reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85369 - Medical Examination. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No.
					 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 2-9-2017 order transmitted
					 to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).
3.
					 Change without regulatory effect renumbering former section
					 85369 to new section
					 85169 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1180.4,
						1501,
						1507
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85370 - Client Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80070,
					 84070 for a Community Crisis Home
					 that is licensed as a Group Home, and 85070 for a Community Crisis Home that is
					 licensed as an Adult Residential Facility, the following shall apply:
(a) The licensee shall ensure the client
				  records include the following:
(1) Medical
				  assessment required in the California Code of Regulations, Title 17, Section
				  59009;
(2) Individual Behavioral Supports Plan,
				  updated as necessary;
(3)
				  Individual Emergency Intervention Plan, updated as necessary, unless the
				  Individual Behavior Supports Plan meets the requirements of Section
				  85368.2(c)(1);
(4) Emergency contact information;
(5) Current Individual Program
				  Plan;
(6) Special incident reports,
				  pursuant to the California Code of Regulations, Title 17, Section
				  54327.
(7) Data collection, including but not
				  limited to progress notes, professional/consultant visits,
				  intervention/outcomes; and
(8)
				  Record of medications administered, including initials of staff providing
				  assistance.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 6 - Continuing Requirements › Section 85375 - Seclusion Room. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 7 (section
					 85375) and section filed 2-9-2017
					 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
					 repealed by operation of law on the following day.
2. Certificate of
					 Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017
					 (Register 2017, No. 37).
3. Change without regulatory effect
					 renumbering former section
					 85375 to new section
					 85175 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1509
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 7 - Physical Environment › Section 85387 - Buildings and Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to Sections
					 80087,
					 84087 for a Community Crisis Home
					 that is licensed as a Group Home, and 85087 for a Community Crisis Home that is
					 licensed as an Adult Residential Facility, the following shall apply:
(a) The licensee shall ensure the client has
				  his or her own private bedroom as required by the California Code of
				  Regulations, Title 17, Section
				  59001.
1. Change
					 without regulatory effect renumbering former section
					 85187 to new section
					 85387, filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
2. Amendment of first paragraph
					 filed 3-1-2021 as an emergency; operative 3-1-2021 (Register 2021, No. 10).
					 Pursuant to Health and Safety Code section
					 1567.87(c),
					 this is a statutorily deemed emergency and the emergency language remains in
					 effect until 3-1-2023 unless a Certificate of Compliance is transmitted to and
					 approved by OAL prior to that date.
Note: Authority cited: Sections
						1530
						and
						1567.87,
						Health and Safety Code. Reference: Sections
						1501,
						1531
						and
						1567.81,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6.1 - Community Crisis Homes › Article 10 - Emergency Interventions › Section 85390 - Provisions for Emergency Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Community Crisis Home licensed as an
				  Adult Residential Facility shall be subject to the California Code of
				  Regulations Title 22, Chapter 6, Subchapter 1 unless otherwise
				  specified.
(b) A Community Crisis
				  Home that is licensed as a Group Home shall be subject to the California Code
				  of Regulations Title 22, Division 6, Chapter 5, Subchapter 3 unless otherwise
				  specified.
(c) If the Department
				  determines that urgent action is necessary to protect a client residing in a
				  Community Crisis Home from physical or mental abuse, abandonment, or any other
				  substantial threat to their health and safety, the Department shall notify the
				  Department of Developmental Services in accordance with Health and Safety Code
				  section
				  1567.83.
1. Change
					 without regulatory effect renumbering former article 10 and section
					 85190 to new article 10 and
					 section 85390 filed 1-2-2019 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2019, No. 1).
2. New subsection (b),
					 subsection relettering and amendment of NOTE filed 3-1-2021 as an emergency;
					 operative 3-1-2021 (Register 2021, No. 10). Pursuant to Health and Safety Code
					 section
					 1567.87(c),
					 this is a statutorily deemed emergency and the emergency language remains in
					 effect until 3-1-2023 unless a Certificate of Compliance is transmitted to and
					 approved by OAL prior to that date.
Note: Authority cited: Sections
						1530
						and
						1567.87,
						Health and Safety Code. Reference: Sections
						1180,
						1501,
						1531,
						1567.81
						and
						1567.83,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 1 - General Requirements › Section 86001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) "Administrative Office" means the central
				  administrative headquarters of the licensee and is the component of the THPP
				  Program that is licensed by the licensing agency.
(2) "Administrator" means the adult
				  designated by the licensee to act on the licensee's behalf in the overall
				  management of the facility.
(3)
				  "Adult" means a person who is 18 years of age or older.
(4) "Age or developmentally appropriate"
				  means as defined in Welfare and Institutions Code section
				  362.05(c)(2).
(5) "Authorized Representative" means any
				  person or entity authorized by law to act on behalf of any participant. Such
				  person or entity may include but not be limited to a minor's parent, a legal
				  guardian, a conservator or a public placement agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 2 - License Required › Section 86005 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  firm, partnership, association, or corporation shall operate, establish,
				  manage, conduct or maintain a THPP, or hold out, advertise or represent by any
				  means to do so, without first obtaining a current valid license from the
				  licensing agency.
(b) The following
				  shall apply, except as specified in the Health and Safety Code Section
				  1559.110(c) and
				  (e).
(1) No
				  organization or entity shall provide THPP services as described in Health and
				  Safety Code Section
				  1559.110
				  without first obtaining a Transitional Housing Placement Program license from
				  the licensing agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 2 - License Required › Section 86006 - Operation Without a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed facility, that is providing
				  care and supervision as defined in section
				  86001(u)(2), is
				  in violation of Sections
				  1503.5 and/or 1508 of the Health
				  and Safety Code unless exempted from licensure pursuant to section
				  86007.
(b) If the facility is alleged to be in
				  violation of Sections
				  1503.5 and/or 1508 of the Health
				  and Safety Code, the licensing agency shall conduct a site visit and/or
				  evaluation of the facility pursuant to Health and Safety Code section
				  1538.
(c) If the facility is operating without a
				  license, the licensing agency shall issue a notice of operation in violation of
				  law and shall refer the case for criminal prosecution and/or civil
				  proceedings.
(d) The licensing
				  agency shall have the authority to issue an immediate civil penalty pursuant to
				  section 86058 and section
				  1547
				  of the Health and Safety Code.
(e)
				  Sections 86006(c) and (d)
				  shall be applied pursuant to section
				  1549
				  of the Health and Safety Code.
(f)
				  The licensing agency shall notify the appropriate placement or protective
				  service agency if either of the following conditions exist:
(1) There is an immediate threat to the
				  participants' health and safety.
(2) The facility does not submit an
				  application for licensure within 15 calendar days of being served a notice of
				  operation in violation of law.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 2 - License Required › Section 86008 - Licensing of Integral Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon written application from the
				  licensee, the licensing agency shall have the authority to issue a single
				  license for separate buildings which might otherwise require separate licenses
				  provided that all of the following requirements are met:
(1) Separate buildings or portions of the
				  facility are integral components of a single program.
(2) All components of the program are managed
				  by the same licensee.
(3) All
				  components of the program are conducted at a single site with a common
				  address.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 2 - License Required › Section 86009 - Availability of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  current license shall be posted in a prominent, publicly accessible location in
				  the administrative office of the licensee.
(b) A photocopy of the current license shall
				  be retained in the THPP staff residential unit, if applicable.
(c) A photocopy of the current license shall
				  be posted in a prominent, publicly accessible location in the
				  sub-administrative office.
1. New
					 section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003,
					 No. 44). Pursuant to section
					 13 of Assembly Bill No. 427
					 (Stats. 2001, ch. 125) this regulatory action and its first readoption are
					 deemed to be an emergency and necessary for the immediate preservation of the
					 public peace, health, safety, or general welfare, exempt from review by OAL,
					 and remain in effect for 180 days. A Certificate of Compliance must be
					 transmitted to OAL by 4-26-2004 or emergency language will be repealed by
					 operation of law on the following day.
2. New section refiled
					 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18).
					 Pursuant to section
					 13 of Assembly Bill No. 427
					 (Stats. 2001, ch. 125) this regulatory action and its first readoption are
					 deemed to be an emergency and necessary for the immediate preservation of the
					 public peace, health, safety, or general welfare, exempt from review by OAL,
					 and remain in effect for 180 days. A Certificate of Compliance must be
					 transmitted to OAL by 10-25-2004 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 4-26-2004 order, including amendment of NOTE, transmitted to OAL
					 9-22-2004 and filed 11-4-2004 (Register 2004, No.
					 45).
Note: Authority cited: Sections
						1530
						and
						1559.110,
						Health and Safety Code. Reference: Sections
						1508
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 2 - License Required › Section 86010 - Limitations on Capacity and Ambulatory Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall not operate a facility
				  beyond the conditions and limitations specified on the license, including the
				  capacity limitation.
(b) Facilities
				  or rooms approved for ambulatory participants only shall not be used by
				  nonambulatory participants.
(1) Participants
				  whose condition becomes nonambulatory shall not use rooms or areas restricted
				  to ambulatory participants.
(2) The
				  licensing agency shall have the authority to require participants who use
				  ambulatory sections of the facility to demonstrate that they are
				  ambulatory.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 2 - License Required › Section 86011 - Advertisements and License Name

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensees shall reveal each facility
				  license number in all advertisements in accordance with Health and Safety Code
				  section
				  1514.
				  Non-residential facilities shall be exempt from this requirement.
(b) Correspondence shall be considered a form
				  of advertisement if the intent is to attract participants.
(c) Licensees who operate more than one
				  facility and use a common advertisement for these facilities shall be required
				  to list each facility license number in accordance with Health and Safety Code
				  section
				  1514.
1. Change
					 without regulatory effect adopting section filed 9-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 38). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Section
						1514,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 2 - License Required › Section 86012 - False Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  licensee, officer, or employee of a licensee shall make or disseminate any
				  false or misleading statement regarding the facility or any of the services
				  provided by the facility.
(b) No
				  licensee, officer, or employee of a licensee shall alter a license, or
				  disseminate an altered license.
1. Change
					 without regulatory effect adopting section filed 9-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 38). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1508
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86017 - Nondiscrimination of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any adult shall be permitted to apply for
				  a license regardless of age, sex, race, religion, color, political affiliation,
				  national origin, disability, marital status, actual or perceived sexual
				  orientation, gender identity, HIV status, or ancestry.
1. Change
					 without regulatory effect adopting section filed 9-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 38). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Section
						51, Civil Code;
						Section
						1520,
						Health and Safety Code; and Section
						16013,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86018 - Application for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any firm, partnership, association, or corporation desiring to obtain a license
				  shall file with the licensing agency a verified application on forms furnished
				  by the licensing agency.
(b) Prior
				  to filing an application:
(1) The applicant
				  shall attend a THPP orientation provided by the licensing agency.
(A) The orientation shall cover, but not be
				  limited to, the following areas:
(i)
				  Completion of the application for license.
(ii) Scope of operation subject to regulation
				  by the department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86019 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall conduct a criminal record review of all individuals specified
				  in Health and Safety Code Section
				  1522(b)
				  and shall have the authority to approve or deny a facility license, or
				  employment, residence, or presence in the facility, based upon the results of
				  such review.
(b) The following
				  persons are exempt from the requirement to submit fingerprints:
(1) A medical professional, as defined by the
				  Department in regulations, who holds a valid license or certification from the
				  individual's governing California medical care regulatory entity and who is not
				  employed, retained, or contracted by the licensee, if all of the following
				  apply:
(A) The criminal record of the
				  individual has been cleared as a condition of licensure or certification by the
				  individual's California medical care regulatory entity.
(B) The individual is providing time-limited
				  specialized clinical care or services.
(C) The individual is providing care or
				  services within the individual's scope of practice.
(D) The individual is not a community care
				  facility licensee or an employee of the facility.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86019.1 - Criminal Record Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department will notify a licensee to act immediately to remove from the
				  facility or bar from entering the facility any person described in Sections
				  86019.1(a)(1) through (5) below while the Department considers granting or
				  denying an exemption. Upon notification, the licensee shall comply with the
				  notice.
(1) Any person who has been convicted
				  of, or is awaiting trial for, a sex offense against a minor;
(2) Any person who has been convicted of a
				  felony;
(3) Any person who has been
				  convicted of an offense specified in Sections
				  243.4,
				  273a,
				  273d,
				  273g, or
				  368 of the
				  Penal Code or any other crime specified in Health and Safety Code Section
				  1522(c)(3);
(4) Any person who has been convicted of any
				  crime specified below:
(A) Battery
(B) Shooting at Inhabited Dwelling
(C) Corporal Injury on
				  Spouse/Cohabitant
(D) Discharging
				  Firearm with Gross Negligence
(E)
				  Exhibiting Weapon/Firearm
(F)
				  Threat to Commit a Crime Resulting in Gross Bodily Injury or Death
(G) Criminal Threat to Harm or Injure Another
				  Person
(H) Cruelty to
				  Animals
(I) Willful Harm or Injury
				  to Child; or
(5) Any
				  other person ordered to be removed by the Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86019.2 - Child Abuse Central Index

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to issuing a license to care for
				  children, the Department shall conduct a Child Abuse Central Index (CACI)
				  review pursuant to Health and Safety Code Section
				  1522.1
				  and Penal Code Section
				  11170(b)(3).
				  The Department shall check the CACI for the applicant(s), and all individuals
				  subject to a criminal record review, pursuant to Health and Safety Code Section
				  1522(b)
				  and shall approve or deny a facility license, employment, residence or presence
				  in the facility based on the results of the review.
(1) The applicant shall submit the Child
				  Abuse Central Index check (LIC 198A [3/99] which is incorporated by reference,
				  for state licensed facilities and LIC 198 [4/99] which is incorporated by
				  reference, for county licensed facilities) for all individuals required to be
				  checked, directly to the California Department of Justice at the same time that
				  the individual's fingerprints are submitted for a criminal background check as
				  required by Section
				  80019(c).
(A) Individuals who have submitted the Child
				  Abuse Central Index check (LIC 198A) with fingerprints on or after January 1,
				  1999 need not submit a new check if the individual can transfer their criminal
				  record clearance or exemption pursuant to Section
				  86019(e) or
				  Section 86019.1(f).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86020 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The THPP shall secure and maintain for each THPP participant living unit any
				  fire clearance required by and approved by the fire authority having
				  jurisdiction.
(b) The THPP shall
				  request a fire clearance for the THPP participant living unit prior to
				  residence of a non-ambulatory individual.
(1)
				  The non-ambulatory individual may be the participant, persons approved by the
				  licensee and authorized by the licensing agency to remain in the apartment, the
				  child of a THPP participant, a THPP employee, or the employee's
				  child(ren).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86021 - Water Supply Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All THPP participant living units where water for human consumption is from a
				  private source shall meet the following requirements:
(1) As a condition of initial licensure, the
				  applicant shall provide evidence of an onsite inspection of the source of the
				  water and a bacteriological analysis which establishes the safety of the water,
				  conducted by the local health department, the State Department of Health
				  Services or a licensed commercial laboratory.
(2) Subsequent to initial licensure, the
				  licensee shall provide evidence of a bacteriological analysis of the private
				  water supply as frequently as is necessary to ensure the safety of the
				  participants, but no less frequently than specified in the following table:
LICENSED CAPACITY
ANALYSIS REQUIRED
PERIODIC SUBSEQUENT
								ANALYSIS
6 or fewer
Initial licensing
Not required unless evidence supports the need for
								such analysis to protect participants.
7 through 15
Initial licensing
Annually
16 through 24
Initial licensing
Semiannually
25 or more
Initial licensing
Quarterly
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86022 - Plan of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each licensee shall have and maintain on file a current, written, definitive
				  Plan of Operation.
(b) The plan and
				  related materials shall contain the following:
(1) A comprehensive program statement
				  including:
(A) Goals, purpose, and program
				  methods of the THPP.
(B)
				  Description of the youth to be served.
(C) Admission criteria for THPP participants,
				  as specified in Welfare and Institutions Code Section
				  16522.1(a).
(D) Staff training plan shall include the
				  following:
1. Training new
				  employees.
2. Ongoing
				  training.
3. Training
				  topics.
4. Qualifications of the
				  trainer.
(E) Detailed
				  plan for monitoring the THPP participants.
(F) Procedures for responding to complaints
				  and emergencies on a 24-hour basis.
(G) Contract to be used between the THPP and
				  the THPP participant. The contract shall include:
1. The rights of each party; and
2. Responsibilities of each party.
(H) The procedures for determining
				  the amount of allowance provided to each THPP participant, and the schedule for
				  disbursement.
(I) Procedures for
				  payment or monitoring of utilities, telephone, and rent including the
				  consequences for those participants who are unwilling or unable to meet their
				  financial obligations or whose behavior is disruptive to the program and
				  infringes on the rights of other participants in the program.
(J) Program policies, as specified in Welfare
				  and Institutions Code Section
				  16522.1(h).
(K) Description of proposed THPP participant
				  living unit furnishings, and policy regarding disposition of furnishings when
				  the THPP participant completes the program.
(L) Procedures for evaluating the THPP
				  participant's progress.
(M)
				  Description of linkages with Job Training Partnership Act programs.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86023 - Disaster and Mass Casualty Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) THPP licensees are subject to the
				  following:
(1) Each licensee shall develop
				  and provide a current, emergency plan for the THPP participants.
(2) The emergency plan shall include
				  emergency information, instructions and telephone numbers, including a 24-hour
				  emergency number for the licensee and the participant's responsible
				  party.
(3) The licensee shall
				  ensure that each staff and resident understands and is capable of implementing
				  the plan.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86024 - Waivers and Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless prior written licensing agency approval is received as specified in (b)
				  below, all licensees shall maintain continuous compliance with the licensing
				  regulations.
(b) The licensing
				  agency shall have the authority to approve the use of alternate concepts,
				  programs, services, procedures, techniques, equipment, space, personnel
				  qualifications or staffing ratios, or the contact of experimental or
				  demonstration projects under the following circumstances:
(1) Such alternatives shall be carried out
				  with provisions for safe and adequate services, and shall in no instance be
				  detrimental to the health and safety of any participant.
(2) The applicant or licensee shall submit to
				  the licensing agency a written request for a waiver or exception, together with
				  substantiating evidence supporting the request.
(3) (See Manual of Policies and
				  Procedures)
(4) The licensing
				  agency shall provide written approval or denial of the
				  request.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86025 - Bonding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall submit an affidavit, on a form provided by the licensing agency, stating
				  whether the licensee safeguards or will safeguard cash resources of
				  participants and the maximum amount of cash resources to be safeguarded for all
				  participants or each participant in any month.
(b) All licensees who are entrusted to care
				  for and control participants' cash resources shall file or have on file with
				  the licensing agency, a bond issued by a surety company to the State of
				  California as principal.
(c) The
				  amount of the bond shall be according to the following schedule:
Amount Safeguarded Per Month
$750 or less
$751 to $1,500
$1,501 to $2,500
Every further increment of $1,000 or fraction thereof shall
					 require an additional $1,000 on the bond.
(d) The licensee shall submit a new affidavit
				  and bond to the licensing agency prior to the licensee safeguarding amounts of
				  participants' cash resources in excess of the current bond.
(e) Whenever the licensing agency determines
				  that the amount of the bond is insufficient to provide necessary protection of
				  participants' cash resources, or whenever the amount of any bond is impaired by
				  any recovery against the bond, the licensing agency shall have the authority to
				  require the licensee to file an additional bond in such amount as the licensing
				  agency determines to be necessary to protect the participants' cash
				  resources.
(f) The provisions of
				  this section shall not apply if the licensee meets the requirements specified
				  in Section
				  1560
				  of the Health and Safety Code.
1. Change
					 without regulatory effect adopting section filed 9-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 38). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1560
						and
						1561,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86027 - Initial Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 90 days of receipt of the
				  application by the licensing agency, the licensing agency shall give written
				  notice to the applicant of one of the following:
(1) The application is complete.
(2) The application is deficient, describing
				  what documents are outstanding and/or inadequate, and informing the applicant
				  that the information must be submitted within 30 days of the date of the
				  notice.
(A) If the applicant does not submit
				  the required information within the 30 days, the application shall be deemed
				  withdrawn unless either the licensing agency has denied the application or the
				  facility is under construction.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86028 - Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  license shall be issued for a specific capacity.
(b) The number of persons for whom the
				  facility is licensed to provide care and supervision shall be determined on the
				  basis of the application review by the licensing agency, which shall take into
				  consideration the following:
(1) The fire
				  clearance specified in Section
				  86020.
(2) The licensee's/administrator's ability to
				  comply with applicable law and regulation.
(3) Any other household members, including
				  but not limited to persons under guardianship or conservatorship, who reside at
				  the facility and their individual needs.
(4) Facilities which accept minor parents and
				  their child(ren) shall have such children included in the facility's licensed
				  capacity.
(5) Physical features of
				  the facility, including available living space, which are necessary in order to
				  comply with regulations.
(6) Number
				  of available staff to meet the care and supervision needs of the
				  participants.
(7) Any restrictions
				  pertaining to the specific category of facility.
(8) The licensee's available or projected
				  THPP participant living units and the Plan of Operation.
(A) A THPP licensee may request a change in
				  capacity based upon the change in the number of available or projected THPP
				  participant living units.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86029 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An applicant shall have the right to withdraw an application.
(1) Such withdrawal shall be in
				  writing.
(2) The fee for processing
				  the application shall be forfeited.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86030.5 - Identification of Transitional Housing Placement Program Participant Living Units

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  administrator of the THPP, or their designee shall complete and sign a
				  Certificate of Compliance for each THPP participant living unit, as defined in
				  Section 86001(c)(2), that
				  verifies that the participant living unit meets the requirements of the Health
				  and Safety Code Section
				  1501(b)(5).
(b) The licensee shall retain this
				  Certificate of Compliance for review by the Department.
(c) The Certificate of Compliance shall
				  include the following:
(1) The capacity for
				  which each THPP participant living unit has been certified.
(2) Any limitations, including ambulatory
				  status.
(3) Date of
				  issuance.
(4) Date of expiration,
				  not to exceed one year from the date of issuance.
(5) Statement that each THPP participant
				  living unit meets licensing requirements as specified in these
				  regulations.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86031 - Issuance of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 90 days of the date that a completed application, as defined in Section
				  86001(c)(10), has
				  been received, the licensing agency shall give written notice to the applicant
				  of one of the following:
(1) The application
				  has been approved.
(2) The
				  application has been denied.
(A) The notice
				  of denial shall include the information specified in Section
				  86040.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86031.5 - Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				  shall notify the licensing agency when a THPP participant living unit is
				  approved for use, and when a THPP participant living unit is no longer
				  used.
(b) The licensee shall
				  provide the licensing agency with a list of all current addresses and telephone
				  numbers of all THPP participant living units and THPP staff residential units.
				  The licensee shall provide the licensing agency an updated list whenever a
				  change is made.
1. New
					 section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003,
					 No. 44). Pursuant to section
					 13 of Assembly Bill No. 427
					 (Stats. 2001, ch. 125) this regulatory action and its first readoption are
					 deemed to be an emergency and necessary for the immediate preservation of the
					 public peace, health, safety, or general welfare, exempt from review by OAL,
					 and remain in effect for 180 days. A Certificate of Compliance must be
					 transmitted to OAL by 4-26-2004 or emergency language will be repealed by
					 operation of law on the following day.
2. New section refiled
					 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18).
					 Pursuant to section
					 13 of Assembly Bill No. 427
					 (Stats. 2001, ch. 125) this regulatory action and its first readoption are
					 deemed to be an emergency and necessary for the immediate preservation of the
					 public peace, health, safety, or general welfare, exempt from review by OAL,
					 and remain in effect for 180 days. A Certificate of Compliance must be
					 transmitted to OAL by 10-25-2004 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 4-26-2004 order, including amendment of subsection (a), transmitted to
					 OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No.
					 45).
Note: Authority cited: Sections
						1530
						and
						1559.110,
						Health and Safety Code. Reference: Sections
						1501,
						1531
						and
						1559.115,
						Health and Safety Code; and Section
						16522,
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86034 - Submission of New Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall file a new application
				  as required by Section
				  86018 whenever there is a change
				  in conditions or limitations described on the current license, or other changes
				  including but not limited to the following:
(1) Any change in the location of the
				  facility.
(2) Any change of
				  licensee, including but not limited to the following when the licensee is a
				  corporation.
(A) Sale or transfer of the
				  majority of stock.
(B) Separating
				  from a parent company.
(C) Merger
				  with another company.
(3)
				  Any change in facility category.
(4) Any increase in capacity.
(A) The licensing agency shall have the
				  authority to grant capacity increases without resubmission of an application
				  following a licensing agency review and the securing of an appropriate fire
				  clearance.
(5) A
				  permanent change in any participant from ambulatory to nonambulatory
				  status.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86035 - Conditions for Forfeiture of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Conditions for forfeiture of a license
				  may be found in Section
				  1524
				  of the Health and Safety Code.
(1) "Licensee
				  abandons the facility" shall mean either of the following:
(A) The licensee informs the licensing agency
				  that the licensee no longer accepts responsibility for the facility,
				  or
(B) The licensing agency is
				  unable to determine the licensee's whereabouts after the following:
1. The licensing agency requests information
				  of the licensee's whereabouts from the facility's staff if any staff can be
				  contacted; and
2. The licensing
				  agency has made at least one (1) phone call per day, to the licensee's last
				  telephone number of record, for five (5) consecutive workdays with no response;
				  and
3. The licensing agency has
				  sent a certified letter, requesting the licensee to contact the licensing
				  agency, to the licensee's last mailing address of record with no response
				  within seven (7) calendar days.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 3 - Application Procedures › Section 86036 - Application Processing and Annual License Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall charge applicants
				  and licensees fees in accordance with Health and Safety Code Section
				  1523.1.
(b) An additional fee shall be charged when
				  the licensee requests an increase or decrease in capacity as specified in
				  Health and Safety Code Section
				  1523.1(b)(1)(C).
(c) When a licensee moves a facility from one
				  location to another, the relocation fee shall be as specified in Health and
				  Safety Code Section
				  1523.1(b)(1)(A).
(1) To qualify for the relocation fee the
				  following shall apply:
(A) The licensee shall
				  have notified the licensing agency before actually relocating the
				  facility.
(B) The categorical type
				  of facility shall remain the same when relocating the facility.
(C) The fee shall be by requested capacity at
				  the new location.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 4 - Administrative Actions › Section 86040 - Denial of Initial License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensing agency shall deny an
				  application for an initial license if it is determined that the applicant is
				  not in compliance with applicable law and regulation.
(1) The licensing agency shall have the
				  authority to deny an application for an initial license if the applicant has
				  failed to pay any civil penalty assessments pursuant to Section
				  86058 and in accordance with a
				  final judgment issued by a court of competent jurisdiction, unless payment
				  arrangements acceptable to the licensing agency have been made.
(2) An application for licensure shall be
				  denied as specified in Health and Safety Code Sections
				  1520.11(b),
				  (d) and
				  1550.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 4 - Administrative Actions › Section 86042 - Revocation or Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the authority
				  to suspend or revoke any license on any of the grounds specified in Health and
				  Safety Code Sections
				  1550
				  and
				  1550.5.
(b) Proceedings to hear a revocation action
				  or a revocation and temporary suspension action shall be conducted pursuant to
				  the provisions of Health and Safety Code Section
				  1551.
1. Change
					 without regulatory effect adopting section filed 9-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 38). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1550,
						1550.5
						and
						1551,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 7 - Transitional Housing Placement Program › Article 4 - Administrative Actions › Section 86044 - Inspection Authority of the Licensing Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensing agency shall have the
				  inspection authority specified in Health and Safety Code Sections
				  1526.5,
				  1533,
				  1534,
				  1538
				  and
				  1538.7.
(b) The licensing agency shall have the
				  authority to interview participants, including children, or staff members
				  without prior consent.
(1) The licensee shall
				  ensure that provisions are made for private interviews with any participants,
				  including children, or any staff members.