Section 1530.8 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 3.
1530.8
. (a) (1) The department shall adopt regulations for
community care facilities licensed as group homes, and for temporary
shelter care facilities as defined in subdivision (c), that care for
dependent children, children placed by a regional center, or
voluntary placements, who are younger than six years of age. The
department shall adopt regulations that apply to short-term
residential treatment centers that care for children younger than six
years of age. The regulations shall include the standards set forth
in subdivision (c) of Section 11467.1 of the Welfare and Institutions
Code.
(2) The department shall adopt regulations under this section that
apply to minor parent programs serving children younger than six
years of age who reside in a group home with a minor parent who is
the primary caregiver of the child. The department shall adopt
regulations under this section that apply to short-term residential
treatment centers that provide minor parent programs serving children
younger than six years of age.
(3) To the extent that the department determines they are
necessary, the department shall adopt regulations under this section
that apply to group homes or short-term residential treatment centers
that care for dependent children who are 6 to 12 years of age,
inclusive. In order to determine whether such regulations are
necessary, and what any resulting standards should include, the
department shall consult with interested parties that include, but
are not limited to, representatives of current and former foster
youth, advocates for children in foster care, county welfare and
mental health directors, chief probation officers, representatives of
care providers, experts in child development, and representatives of
the Legislature. The standards may provide normative guidelines
differentiated by the needs specific to children in varying age
ranges that fall between 6 and 12 years of age, inclusive. Prior to
adopting regulations, the department shall submit for public comment,
by July 1, 2017, any proposed regulations.
(b) The regulations shall include physical environment standards,
including staffing and health and safety requirements, that meet or
exceed state child care standards under Title 5 and Title 22 of the
California Code of Regulations.
(c) For purposes of this section, a "temporary shelter care
facility" means any residential facility that meets all of the
following requirements:
(1) It is owned and operated by the county or on behalf of a
county by a private, nonprofit agency.
(2) It is a 24-hour facility that provides no more than 10
calendar days of residential care and supervision for children under
18 years of age who have been removed from their homes as a result of
abuse or neglect, as defined in Section 300 of the Welfare and
Institutions Code, or both.
(d) (1) The department may license a temporary shelter care
facility pursuant to this chapter on or after January 1, 2016. A
temporary shelter care license may be issued only to a county
operating a licensed group home, or to an agency on behalf of a
county, as of January 1, 2016.
(2) The department shall consult with counties that operate these
shelters as licensed group homes to develop a transition plan for the
development of temporary shelter care facilities to address the
unique circumstances and needs of the populations they serve, while
remaining consistent with the principles of the act that added this
subdivision.
(3) These transition plans shall describe circumstances under
which children will be admitted for a period in excess of 24 hours
and reflect necessary staffing levels or staffing transitions.
(e) (1) A group home license issued to a county will be forfeited
by operation of law upon receipt of a license to operate a temporary
shelter care facility as described in Section 11462.022 of the
Welfare and Institutions Code.
(2) Nothing in this subdivision shall preclude a county from
applying for and being licensed as a short-term residential treatment
center pursuant to Section 1562.01 or a runaway and homeless youth
shelter pursuant to Section 1502.35, or a foster family agency as
authorized by subdivision (b) of Section 11462.02 of the Welfare and
Institutions Code.