1562.01
. (a) The department shall license short-term residential
treatment centers, as defined in paragraph (18) of subdivision (a) of
Section 1502, pursuant to this chapter. A short-term residential
treatment center shall comply with all requirements of this chapter
that are applicable to group homes and to the requirements of this
section.
(b) (1) A short-term residential treatment center shall have
national 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.
(2) Notwithstanding paragraph (1), the department may issue a
provisional license to a short-term residential treatment center and
may extend the term of the provisional license not to exceed two
years in order for the short-term residential treatment center to
secure accreditation as set forth in subdivision (a) of Section
1520.1.
(c) A short-term residential treatment center shall obtain and
have in good standing a mental health certification, as set forth in
Section 4096.5 of the Welfare and Institutions Code.
(d) (1) A short-term residential treatment center shall prepare
and maintain a current, written plan of operation as required by the
department.
(2) The plan of operation shall include, but not be limited to,
all of the following:
(A) A statement of purposes and goals.
(B) A plan for the supervision, evaluation, and training of staff.
The training plan shall be appropriate to meet the needs of staff
and children.
(C) A program statement that includes all of the following:
(i) Description of the short-term residential treatment center's
ability to support the differing needs of children and their families
with short-term, specialized, and intensive treatment.
(ii) Description of the core services, as set forth, on and after
January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462
of the Welfare and Institutions Code, to be offered to children and
their families, as appropriate or necessary.
(iii) Procedures for the development, implementation, and periodic
updating of the needs and services plan for children served by the
short-term residential treatment center and procedures for
collaborating with the child and family team described in paragraph
(4) of subdivision (a) of Section 16501 of the Welfare and
Institutions Code, that include, but are not limited to, a
description of the services to be provided to meet the treatment
needs of the child as assessed, on and after January 1, 2017,
pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare
and Institutions Code, the anticipated duration of the treatment,
and the timeframe and plan for transitioning the child to a
less-restrictive family environment.
(iv) A description of the population or populations to be served.
(v) Any other information that may be prescribed by the department
for the proper administration of this section.
(e) In addition to the rules and regulations adopted pursuant to
this chapter, a county licensed to operate a short-term residential
treatment center shall describe, in the plan of operation, its
conflict of interest mitigation plan, as set forth on and after
January 1, 2017, in subdivision (g) of Section 11462.02 of the
Welfare and Institutions Code.
(f) The department shall establish procedures for a county review
process, at the county's option, for short-term residential treatment
centers, which may include the review of the short-term residential
treatment center's program statement, and which shall be established
in consultation with the County Welfare Directors Association of
California, Chief Probation Officers of California, and stakeholders,
as appropriate.
(g) (1) The department shall adopt regulations to establish
requirements for the education, qualification, and training of
facility managers and staff who provide care and supervision to
children or who have regular, direct contact with children in the
course of their responsibilities in short-term residential treatment
centers consistent with the intended role of these facilities to
provide short-term, specialized, and intensive treatment.
(2) Requirements shall include, but not be limited to, all of the
following:
(A) Staff classifications.
(B) Specification of the date by which employees shall be required
to meet the education and qualification requirements.
(C) Any other requirements that may be prescribed by the
department for the proper administration of this section.
(h) The department shall adopt regulations to specify training
requirements for staff who provide care and supervision to children
or who have regular, direct contact with children in the course of
their responsibilities. These requirements shall include the
following:
(1) Timeframes for completion of training, including the
following:
(A) Training that shall be completed prior to unsupervised care of
children.
(B) Training to be completed within the first 180 days of
employment.
(C) Training to be completed annually.
(2) Topics to be covered in the training shall include, but are
not limited to, the following:
(A) Child and adolescent development, including sexual
orientation, gender identity, and gender expression.
(B) The effects of trauma, including grief and loss, and child
abuse and neglect on child development and behavior and methods to
behaviorally support children impacted by that trauma or child abuse
and neglect.
(C) The rights of a child in foster care, including the right to
have fair and equal access to all available services, placement,
care, treatment, and benefits, and to not be 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.
(D) Positive discipline and the importance of self-esteem.
(E) Core practice model.
(F) An overview of the child welfare and probation systems.
(G) Reasonable and prudent parent standard.
(H) Instruction on cultural competency and sensitivity and related
best practices for providing adequate care for children across
diverse ethnic and racial backgrounds, as well as children
identifying as lesbian, gay, bisexual, or transgender.
(I) Awareness and identification of commercial sexual exploitation
and best practices for providing care and supervision to
commercially sexually exploited children.
(J) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), its historical significance, the rights of children covered by
the act, and the best interests of Indian children, including the
role of the caregiver in supporting culturally appropriate child
centered practices that respect Native American history, culture,
retention of tribal membership, and connection to the tribal
community and traditions.
(K) Permanence, well-being, and educational needs of children.
(L) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to Article 3.6 (commencing
with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1
of the Education Code.
(M) Best practices for providing care and supervision to nonminor
dependents.
(N) Health issues in foster care.
(O) Physical and psychosocial needs of children, including
behavior management, deescalation techniques, and trauma-informed
crisis management planning.
(i) (1) Each person employed as a facility manager or staff member
of a short-term residential treatment center, who provides direct
care and supervision to children and youth residing in the short-term
residential treatment center shall be at least 21 years of age.
(2) This subdivision shall not apply to a facility manager or
staff member employed, before October 1, 2014, at a short-term
residential treatment center which was operating under a group home
license prior to January 1, 2016.
(j) Notwithstanding any other section of this chapter, the
department may establish requirements for licensed group homes that
are transitioning to short-term residential treatment centers, which
may include, but not be limited to, requirements related to
application and plan of operation.
(k) A short-term residential treatment center shall have a
qualified and certified administrator, as set forth in Section
1522.41.
(l) The department shall have the authority to inspect a
short-term residential treatment center pursuant to the system of
governmental monitoring and oversight developed by the department on
and after January 1, 2017, pursuant to subdivision (c) of Section
11462 of the Welfare and Institutions Code.