1520.1
. In addition to Section 1520, applicants for a group home or
short-term residential treatment center license shall meet the
following requirements:
(a) (1) During the first 12 months of operation, the facility
shall operate with a provisional license. After eight months of
operation, the department shall conduct a comprehensive review of the
facility for compliance with all applicable laws and regulations and
help develop a plan of correction with the provisional licensee, if
appropriate. By the end of the 12th month of operation, the
department shall determine if the permanent license should be issued.
(2) If the department determines that the group home or short-term
residential treatment center is in substantial compliance with
licensing standards, notwithstanding Section 1525.5, the department
may extend the provisional license for up to an additional six months
for either of the following reasons:
(A) The group home or short-term residential treatment center
requires additional time to be in full compliance with licensing
standards.
(B) After 12 months of operation, the group home or short-term
residential treatment center is not operating at 50 percent of its
licensed capacity.
(3) By no later than the first business day of the 17th month of
operation, the department shall conduct an additional review of a
facility for which a provisional license is extended pursuant to
paragraph (2), in order to determine whether a permanent license
should be issued.
(4) At the time of its review pursuant to paragraph (3), the
department may extend the term of a provisional license for a period
not to exceed two years, only if it determines that this additional
time period is required to secure accreditation from an entity
identified by the department pursuant to the process described in
paragraph (5) of subdivision (b) of Section 11462 of the Welfare and
Institutions Code and provided that all other requirements for a
license have been met.
(5) The department may deny a group home or short-term residential
treatment center license application at any time during the term of
the provisional license to protect the health and safety of clients.
If the department denies the application, the group home or
short-term residential treatment center shall cease operation
immediately. Continued operation of the facility after the department
denies the application or the provisional license expires shall
constitute unlicensed operation.
(6) When the department notifies a city or county planning
authority pursuant to subdivision (c) of Section 1520.5, the
department shall briefly describe the provisional licensing process
and the timelines provided for under that process, as well as provide
the name, address, and telephone number of the district office
licensing the facility where a complaint or comment about the group
home's or short-term residential treatment center's operation may be
filed.
(b) (1) After the production of the booklet provided for in
paragraph (2), every member of the group home's board of directors or
governing body and every member of a short-term residential
treatment center's board of directors or governing body shall, prior
to becoming a member of the board of directors or governing body sign
a statement that he or she understands his or her legal duties and
obligations as a member of the board of directors or governing body
and that the group home's or short-term residential treatment center'
s operation is governed by laws and regulations that are enforced by
the department, as set forth in the booklet. The applicant,
provisional licensee, and licensee shall have this statement
available for inspection by the department. For members of the board
of directors or governing body when the booklet is produced, the
licensee shall obtain this statement by the next scheduled meeting of
the board of directors or governing body. Compliance with this
paragraph shall be a condition of licensure.
(2) The department shall distribute to every group home provider
and short-term residential treatment center provider, respectively,
detailed information designed to educate members of the group home
provider's or short-term residential treatment center provider's
board of directors or governing body of their roles and
responsibilities as members of a public benefit corporation under the
laws of this state. The information shall be included in a booklet,
may be revised as deemed necessary by the department, and shall
include, but not be limited to, all of the following:
(A) The financial responsibilities of a member of the board of
directors or governing body.
(B) Disclosure requirements for self-dealing transactions.
(C) Legal requirements pertaining to articles of incorporation,
bylaws, length of member terms, voting procedures, board or governing
body meetings, quorums, minutes of meetings, and, as provided for in
subdivision (f), member duties.
(D) A general overview of the laws and regulations governing the
group home's or short-term residential treatment center's operation
that are enforced by the department.
(c) All financial records submitted by a facility to the
department, or that are submitted as part of an audit of the
facility, including, but not limited to, employee timecards and
timesheets, shall be signed and dated by the employee and by the
group home representative or short-term residential treatment center
representative who is responsible for ensuring the accuracy of the
information contained in the record, or when a time clock is used,
the payroll register shall be signed and dated, and those financial
records shall contain an affirmative statement that the signatories
understand that the information contained in the document is correct
to the best of their knowledge and that submission of false or
misleading information may be prosecuted as a crime.
(d) An applicant, provisional licensee, or licensee shall
maintain, submit, and sign financial documents to verify the
legitimacy and accuracy of these documents. These documents include,
but are not limited to, the group home or short-term residential
treatment center application, any financial documents and plans of
corrections submitted to the department, and time sheets.
(e) (1) It is the intent of the Legislature that a group home or
short-term residential treatment center have either representatives
on its board of directors, as listed in paragraph (2), or a community
advisory board, that meets at least annually.
(2) The representatives on the board of directors or the community
advisory board members should consist of at least the following
persons:
(A) A member of the facility's board of directors.
(B) Members of the community where the facility is located.
(C) Neighbors of the facility.
(D) Current or former clients of the facility.
(E) A representative from a local law enforcement or other city or
county representative.
(f) Each group home or short-term residential treatment center
provider shall schedule and conduct quarterly meetings of its board
of directors or governing body. During these quarterly meetings, the
board of directors or governing body shall review and discuss
licensing reports, financial and program audit reports of its group
home or short-term residential treatment center operations, special
incident reports, and any administrative action against the licensee
or its employees. The minutes shall reflect the board's or governing
body's discussion of these documents and the group home's or
short-term residential treatment center's operation. The licensee
shall make available the minutes of group home's or short-term
residential treatment center's board of directors or governing body
meetings to the department.