1502.35
. (a) The department shall license a runaway and homeless
youth shelter as a group home pursuant to this chapter. A runaway and
homeless youth shelter shall meet all of the following requirements:
(1) The shelter shall offer short-term, 24-hour, nonmedical care
and supervision and personal services to youth who voluntarily enter
the shelter. As used in this paragraph, "short-term" means no more
than 21 consecutive days from the date of admission.
(2) The shelter shall serve homeless youth and runaway youth.
(A) "Homeless youth" means a youth 12 to 17 years of age,
inclusive, or 18 years of age if the youth is completing high school
or its equivalent, who is in need of services and without a place of
shelter.
(B) "Runaway youth"means a youth 12 to 17 years of age, inclusive,
or 18 years of age if the youth is completing high school or its
equivalent, who absents himself or herself from home or place of
legal residence without the permission of his or her family, legal
guardian, or foster parent.
(3) The shelter shall have a maximum capacity of 25 youths.
(4) The shelter shall have a ratio of one staff person to every
eight youths. For purposes of this paragraph, a volunteer may be
counted in the staff-to-youth ratio if the volunteer has satisfied
the same training requirements as a paid shelter staff member and
other requirements set forth in regulations, and a paid shelter staff
member is present during the time the volunteer is on duty.
(5) Bunk beds may be permitted in the shelter, but shall not
consist of more than two tiers.
(6) The shelter shall be owned and operated on a nonprofit basis
by a private nonprofit corporation, a nonprofit organization, or a
public agency.
(b) Shelter staff shall, prior to admission into the shelter,
determine if a youth poses a threat to himself or herself or others
in the shelter. A youth may not be admitted into the shelter if it is
determined that the youth poses such a threat.
(c) An assessment shall not be required for admission, but shelter
staff shall assess youth served within 72 hours of admission to the
shelter.
(d) Shelter staff shall assist youth served in obtaining emergency
health-related services.
(e) The shelter shall establish procedures to assist youth in
securing long-term stability that includes all of the following:
(1) Reconnecting the youth with his or her family, legal guardian,
or nonrelative extended family members when possible to do so.
(2) Coordinating with appropriate individuals, local government
agencies, or organizations to help foster youth secure a suitable
foster care placement.
(f) The shelter shall ensure all homeless youth and runaway youth
have fair and equal access to services, care, and treatment provided
by the shelter, and are not subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(g) Prior to employment or interaction with youth at a runaway and
homeless youth shelter, all persons specified in subdivision (b) of
Section 1522 shall complete a criminal record review pursuant to
Section 1522 and a Child Abuse Central Index check pursuant to
Section 1522.1.
(h) A runaway and homeless youth shelter shall collect and
maintain all of the following information in a monthly report, in a
format specified by the department, and make the report available to
the department upon request:
(1) Total number of youth served per month.
(2) Age of each youth served.
(3) Length of stay of each youth served.
(4) Number of times a youth accesses the shelter and services at
the shelter.
(i) Notwithstanding Section 1522.43, the department shall not
require a runaway and homeless youth shelter to maintain a needs and
services plan, as defined in Section 84001 of Title 22 of the
California Code of Regulations, for a youth served. Nothing in this
subdivision precludes the department from requiring a runaway and
homeless youth shelter to maintain an assessment, as defined by the
department, for youths served.
(j) The department may license a shelter pursuant to this section
if the shelter is operating in two physical locations on or before
January 1, 2013, with only one physical location providing overnight
residential care, and the shelter meets the requirements of this
section. If a shelter described in this subdivision is licensed
pursuant to this section, the department shall permit the shelter to
retain its two physical locations and issue a license for each
physical location.
(k) A runaway and homeless youth shelter is not an eligible
placement option pursuant to Sections 319, 361.2, 450, and 727 of the
Welfare and Institutions Code.
(l) A runaway and homeless youth shelter's program shall not be
eligible for a rate pursuant to Section 11462 of the Welfare and
Institutions Code. This does not preclude a runaway and homeless
youth shelter from receiving reimbursement for providing services to
a foster youth as may be provided at the discretion of a county.
(m) On or before December 1, 2014, the department shall adopt
regulations to implement this section, in consultation with
interested parties, including representatives of provider
organizations that serve homeless or runaway youth. The regulations
developed pursuant to this subdivision shall be contained in the
regulations for group homes found in Chapter 5 (commencing with
Section 84000) of Division 6 of Title 22 of the California Code of
Regulations.
(n) Notwithstanding 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 the applicable
provisions of this section by publishing information releases or
similar instructions from the director until the regulations adopted
by the department pursuant to subdivision (l) become effective.