SECTIONS 1560-1565 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1560-1565

1560. (a) The director shall require as a condition precedent to
the issuance of any license or special permit for a community care
facility, if the licensee or holder of a special permit handles or
will handle any money of a person within the community care facility,
that the applicant for the license or special permit file or have on
file with the state department a bond issued by a surety company
admitted to do business in this state in a sum to be fixed by the
state department based upon the magnitude of the operations of the
applicant, but which sum shall not be less than one thousand dollars
($1,000), running to the State of California and conditioned upon his
or her faithful and honest handling of the money of persons within
the facility.
(b) The failure of any licensee under this chapter to maintain on
file with the state department a bond in the amount prescribed by the
director or who embezzles the trust funds of a person in the
facility shall constitute cause for the revocation of the license.
(c) The provisions of this section shall not apply if the licensee
meets both of the following requirements:
(1) The licensee operates a community care facility which is
licensed to care for children including, but not limited to, a foster
family home.
(2) The licensee handles moneys of persons within the community
care facility in amounts less than fifty dollars ($50) per person and
less than five hundred dollars ($500) for all persons in any month.

1561. The director may grant a partial or total variance from the
bonding requirements of Section 1560 for any community care facility
if he finds that compliance with them is so onerous that a community
care facility will cease to operate, and if he also finds that money
of the persons received or cared for in the community care facility
has been, or will be, deposited in a bank in this state, in a trust
company authorized to transact a trust business in this state, or in
a savings and loan association in this state, upon condition that
such money may not be withdrawn except on authorization of the
guardian or conservator of such person.

1562. The director shall ensure that operators and staffs of
community care facilities have appropriate training to provide the
care and services for which a license or certificate is issued. The
section shall not apply to a facility licensed as an Adult
Residential Facility for Persons with Special Health Care Needs
pursuant to Article 9 (commencing with Section 1567.50).

1562.3. (a) The Director of Social Services, in consultation with
the Director of Mental Health and the Director of Developmental
Services, shall establish a training program to ensure that
licensees, operators, and staffs of adult residential facilities, as
defined in paragraph (1) of subdivision (a) of Section 1502, have
appropriate training to provide the care and services for which a
license or certificate is issued. The training program shall be
developed in consultation with provider organizations.
(b) (1) An administrator of an adult residential care facility, as
defined in paragraph (1) of subdivision (a) of Section 1502, shall
successfully complete a department-approved certification program
pursuant to subdivision (c) prior to employment.
(2) In those cases where the individual is both the licensee and
the administrator of a facility, the individual shall comply with
both the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.
(4) The licensee shall notify the department within 30 days of any
change in administrators.
(c) (1) The administrator certification program shall require a
minimum of 35 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of the type of facility for which the applicant
will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial needs of the facility residents.
(E) Community and support services.
(F) Physical needs for facility residents.
(G) Use, misuse, and interaction of medication commonly used by
facility residents.
(H) Resident admission, retention, and assessment procedures.
(I) Nonviolent crisis intervention for administrators.
(2) The requirement for 35 hours of classroom instruction pursuant
to this subdivision shall not apply to persons who were employed as
administrators prior to July 1, 1996. A person holding the position
of administrator of an adult residential facility on June 30, 1996,
shall file a completed application for certification with the
department on or before April 1, 1998. In order to be exempt from the
35-hour training program and the test component, the application
shall include documentation showing proof of continuous employment as
the administrator of an adult residential facility between, at a
minimum, June 30, 1994, and June 30, 1996. An administrator of an
adult residential facility who became certified as a result of
passing the department-administered challenge test, that was offered
between October 1, 1996, and December 23, 1996, shall be deemed to
have fulfilled the requirements of this paragraph.
(3) Unless an extension is granted to the applicant by the
department, an applicant for an administrator's certificate shall,
within 60 days of the applicant's completion of classroom
instruction, pass the written test provided in this section.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation from the applicant that he or she has passed the
written test.
(4) Submission of fingerprints. The department and the Department
of Justice shall expedite the criminal record clearance for holders
of certificates of completion. The department may waive the
submission for those persons who have a current clearance on file.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of an adult residential facility. Any person willfully making any
false representation as being a certified administrator is guilty of
a misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
subdivision (c). No more than one-half of the required 40 hours of
continuing education necessary to renew the certificate may be
satisfied through online courses. All other continuing education
hours shall be completed in a classroom setting. For purposes of this
section, an individual who is an adult residential facility
administrator and who is required to complete the continuing
education hours required by the regulations of the State Department
of Developmental Services, and approved by the regional center, shall
be permitted to have up to 24 of the required continuing education
course hours credited toward the 40-hour continuing education
requirement of this section. Community college course hours approved
by the regional centers shall be accepted by the department for
certification.
(2) Every licensee and administrator of an adult residential
facility is required to complete the continuing education
requirements of this subdivision.
(3) Certificates issued under this section shall expire every two
years, on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after January 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate is proof of compliance with
this paragraph.
(5) A suspended or revoked certificate is subject to expiration as
provided for in this section. If reinstatement of the certificate is
approved by the department, the certificate holder, as a condition
precedent to reinstatement, shall submit proof of compliance with
paragraphs (1) and (2) of subdivision (f) and shall pay a fee in an
amount equal to the renewal fee, plus the delinquency fee, if any,
accrued at the time of its revocation or suspension. Delinquency
fees, if any, accrued subsequent to the time of its revocation or
suspension and prior to an order for reinstatement, shall be waived
for one year to allow the individual sufficient time to complete the
required continuing education units and to submit the required
documentation. Individuals whose certificates will expire within 90
days after the order for reinstatement may be granted a three-month
extension to renew their certificates during which time the
delinquency fees shall not accrue.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status within 30 days of any change.
(g) The certificate shall be considered forfeited under the
following conditions:
(1) The administrator has had a license revoked, suspended, or
denied as authorized under Section 1550.
(2) The administrator has been denied employment, residence, or
presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1522 or Section 1558.
(h) (1) The department, in consultation with the State Department
of Mental Health and the State Department of Developmental Services,
shall establish, by regulation, the program content, the testing
instrument, the process for approving certification training
programs, and criteria to be used in authorizing individuals,
organizations, or educational institutions to conduct certification
training programs and continuing education courses. These regulations
shall be developed in consultation with provider organizations, and
shall be made available at least six months prior to the deadline
required for certification. The department may deny vendor approval
to any agency or person in any of the following circumstances:
(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (i).
(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in adult residential
facilities.
(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in adult
residential facilities and to pay directly for the services. The
department may deny vendorization to this type of agency only as long
as there are other vendor programs available to conduct the
certification training programs and conduct education courses.
(2) The department may authorize vendors to conduct the
administrator's certification training program pursuant to provisions
set forth in this section. The department shall conduct the written
test pursuant to regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of
approved training vendors.
(4) The department may inspect certification training programs and
continuing education courses, including online courses, at no charge
to the department, to determine if content and teaching methods
comply with regulations. If the department determines that any vendor
is not complying with the intent of this section, the department
shall take appropriate action to bring the program into compliance,
which may include removing the vendor from the approved list.
(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor training
programs.
(6) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years to certification program
vendors for review and approval of the initial 35-hour training
program pursuant to subdivision (c). The department may also charge
the vendor a fee not to exceed one hundred dollars ($100) every two
years for the review and approval of the continuing education courses
needed for recertification pursuant to this subdivision.
(7) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(i) This section shall be operative upon regulations being adopted
by the department, no later than July 1, 1996, to implement the
administrator certification program as provided for in this section.
If regulations are not adopted by the department, or are adopted
after July 1, 1996, this section shall not become operative.
(j) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.

1562.35. Notwithstanding any provision of law to the contrary,
including, but not limited to Section 1562.3, vendors approved by the
department who exclusively provide either initial or continuing
education courses for certification of administrators of an adult
residential facility as defined by regulations of the department, a
group home facility as defined by regulations of the department, or a
residential care facility for the elderly as defined in subdivision
(k) of Section 1569.2, shall be regulated solely by the department
pursuant to this chapter. No other state or local governmental entity
shall be responsible for regulating the activity of those vendors.

1562.4. Any person who becomes an administrator of an adult
residential facility, as defined in paragraph (1) of subdivision (a)
of Section 1502, on or after July 1, 1996, shall, at a minimum,
fulfill all of the following requirements:
(a) Be at least 21 years of age.
(b) Provide documentation of having successfully completed a
certification program approved by the department and successfully
passing the state examination.
(c) Have a high school diploma or pass a general educational
development test as described in Article 3 (commencing with Section
51420) of Chapter 3 of Part 28 of the Education Code.
(d) Obtain a criminal record clearance as provided for in Sections
1522 and 1522.03.

1562.5. (a) The director shall ensure that, within six months after
obtaining licensure, an administrator of an adult residential
facility and a program director of a social rehabilitation facility
shall receive four hours of training on the needs of residents who
may be infected with the human immunodeficiency virus (HIV), and on
basic information about tuberculosis. Administrators and program
directors shall attend update training sessions every two years after
satisfactorily completing the initial training to ensure that
information received on HIV and tuberculosis remains current. The
training shall consist of three hours on HIV and one hour on
tuberculosis.
(b) The training shall consist of all of the following:
(1) Universal blood and body fluid precautions.
(2) Basic AIDS and HIV information, including modes of
transmission.
(3) Legal protections for persons with HIV or AIDS.
(4) Referral information to local government, community-based, and
other organizations that provide social, support, or health services
and social services to people with HIV or AIDS.
(5) Information about the residential care needs of people living
with HIV or AIDS, including nutritional needs.
(6) Recognition of the signs and symptoms of tuberculosis.
(7) Tuberculosis testing requirements for staff, volunteers, and
residents.
(8) Tuberculosis prevention.
(9) Tuberculosis treatment.
(c) The department shall ensure compliance with this section. In
the event of noncompliance, the director shall develop and implement
a plan of correction requiring that the training take place within
six months of the violation.
(d) All administrators of adult residential and program directors
of social rehabilitation facilities licensed on or before January 1,
1994, shall complete the training by December 31, 1994, and every two
years thereafter. Newly employed administrators and program
directors shall complete training within six months after commencing
employment.
(e) Eligible providers of training and study courses shall be
limited to any of the following:
(1) County and city health departments.
(2) American Lung Association affiliates.
(3) Any agency with a contract to provide HIV, AIDS, or
tuberculosis education with either the State Department of Health
Services, or the federal Centers for Disease Control.
(4) The California Association of AIDS Agencies.
(5) Any providers approved by the State Department of Social
Services for training of personnel employed in residential care
facilities for the elderly, adult residential facilities, or
residential care facilities for the chronically ill.
(f) Providers shall use HIV, AIDS, and tuberculosis materials
produced, approved, or distributed by any of the following:
(1) The federal Centers for Disease Control.
(2) The American Lung Association.
(3) The University of California.
(4) The California Association of AIDS Agencies.
(5) The California AIDS Clearinghouse.
(6) County and city health departments.
(g) In the event that an administrator or program director
demonstrates to the department a significant difficulty in accessing
training, the administrators and program directors of these
facilities shall have the option of fulfilling these training
requirements through a study course consisting of written and/or
video educational materials.
(h) Successful completion of the training or study course by
administrators and program directors and the biannual update
described in this section shall be verified with the department
during the annual review of the facility pursuant to subdivision (a)
of Section 1534. Trained administrators and program directors shall
disseminate the HIV, AIDS, and tuberculosis materials to facility
personnel.

1562.6. (a) The administrator of an adult residential care facility
that provides services for residents who have mental illness shall
ensure that a written intake assessment is prepared by a licensed
mental health professional prior to acceptance of the client. This
assessment may be provided by a student intern if the work is
supervised by a properly licensed mental health professional.
Facility administrators may utilize placement agencies, including,
but not limited to, county clinics for referrals and assessments.
(b) Within 30 days after an inspection of an adult residential
care facility the State Department of Social Services shall provide
the licensee with a copy of the licensing report verifying compliance
or noncompliance by the facility with applicable licensing
provisions. This report shall not include confidential client
information, and copies of reports within the last 24 months shall be
provided by the facility to the public upon request.

1563. (a) The director shall ensure that licensing personnel at the
department have appropriate training to properly carry out this
chapter.
(b) The director shall institute a staff development and training
program to develop among departmental staff the knowledge and
understanding necessary to successfully carry out this chapter.
Specifically, the program shall do all of the following:
(1) Provide staff with 36 hours of training per year that reflects
the needs of persons served by community care facilities. This
training shall, where appropriate, include specialized instruction in
the needs of foster children, persons with mental disorders, or
developmental or physical disabilities, or other groups served by
specialized community care facilities.
(2) Give priority to applications for employment from persons with
experience as care providers to persons served by community care
facilities.
(3) Provide new staff with comprehensive training within the first
six months of employment. This comprehensive training shall, at a
minimum, include the following core areas: administrative action
process, client populations, conducting facility visits, cultural
awareness, documentation skills, facility operations, human relation
skills, interviewing techniques, investigation processes, and
regulation administration.
(c) In addition to the requirements in subdivision (b), group home
and foster family agency licensing personnel shall receive a minimum
of 24 hours of training per year to increase their understanding of
children in group homes, certified homes, and foster family homes.
The training shall cover, but not be limited to, all of the following
topics:
(1) The types and characteristics of emotionally troubled
children.
(2) The high-risk behaviors they exhibit.
(3) The biological, psychological, interpersonal, and social
contributors to these behaviors.
(4) The range of management and treatment interventions utilized
for these children, including, but not limited to, nonviolent,
emergency intervention techniques.
(5) The right of a foster child 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.

1564. (a) No individual who has ever been convicted of a sex
offense against a minor shall reside in a community care facility
that is within one mile of an elementary school.
(b) Any community care facility which is located within one mile
of an elementary school shall obtain from each individual who is a
resident of the facility on the effective date of this section a
signed statement that the resident or applicant for residence has
never been convicted of a sex offense against a minor.
(c) If on January 1, 1983, a person who has been convicted of a
sex offense against a minor is residing in a community care facility
that is within one mile of a school, the operator shall notify the
appropriate placement agency. Continued residence in the facility
shall extend no longer than six months.
(d) Prior to placement in a community care facility which is
located within one mile of an elementary school, the placement agency
shall obtain, from the client to be placed, a signed statement that
he or she has never been convicted of a sex offense against a minor.
Any placement agent who knowingly places a person who has been
convicted of a sex offense against a minor in a facility which is
located within one mile of an elementary school shall be guilty of a
misdemeanor.
Where there is no placement agency involved, the community care
facility shall obtain from any applicant a signed statement that he
or she has never been convicted of a sex offense against a minor.
(e) Any resident or applicant for residence who makes a false
statement as to a conviction for a prior sex offense against a minor
is guilty of a misdemeanor.
(f) For purposes of this section, "sex offense" means any one or
more of the following offenses:
(1) Any offense defined in Section 220, 261, 261.5, 266, 266e,
266f, 266i, 266j, 267, 273f as it pertains to houses of prostitution,
273g, 285, 286, 288, 288a, 289, 290, 311, 311.2, 311.4, 313.1, 318,
subdivision (a) or (d) of Section 647, 647a, 650 1/2 as it relates to
lewd or lascivious behavior, 653f, or 653m of the Penal Code.
(2) Any offense defined in subdivision (5) of former Section 647
of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or
any offense defined in subdivision (2) of former Section 311 of the
Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the
offense defined in such sections was committed prior to September 15,
1961.
(3) Any offense defined in Section 314 of the Penal Code committed
on or after September 15, 1961.
(4) Any offense defined in subdivision (1) of former Section 311
of the Penal Code repealed by Chapter 2147 of the Statutes of 1961
committed on or after September 7, 1955, and prior to September 15,
1961.
(5) Any offense involving lewd and lascivious conduct under
Section 272 of the Penal Code committed on or after September 15,
1961.
(6) Any offense involving lewd and lascivious conduct under former
Section 702 of the Welfare and Institutions Code repealed by Chapter
1616 of the Statutes of 1961, if such offense was committed prior to
September 15, 1961.
(7) Any offense defined in Section 286 or 288a of the Penal Code
prior to the effective date of the amendment of either section
enacted at the 1975-76 Regular Session of the Legislature committed
prior to the effective date of the amendment.
(8) Any attempt or conspiracy to commit any of the above-mentioned
offenses.
(9) Any federal sex offense or any sex offense committed or
attempted in any other state which, if committed or attempted in this
state, would have been punishable as one or more of the
above-mentioned offenses.
(g) This section shall not apply to residential care facilities
for the elderly or to any person receiving community supervision and
treatment pursuant to Title 15 (commencing with Section 1600) of Part
2 of the Penal Code.

1565. (a) The Health and Welfare Agency shall establish the Task
Force on Accreditation of Services for Children and shall convene a
meeting of that body on or before January 1, 1993.
(b) Membership of the Task Force on Accreditation of Services for
Children shall include, but not be limited to, all of the following:
(1) Two providers of residential services for children.
(2) Representatives from the California Association of Children's
Homes, California Association of Private Specialized Education and
Services, the California Association of Services for Children, the
California Probation Parole and Correctional Officers Association,
the County Mental Health Directors Association, and the County
Welfare Directors Association.
(3) Representatives from the State Department of Social Services,
the State Department of Mental Health, the Youth Authority, the State
Department of Developmental Services, and the State Department of
Education.
(4) Two representatives from university research schools with
expertise in children's services, specifically standards of care.
(5) One representative with experience in the accreditation of
agencies servicing children.
(6) Two legislative representatives of policy committees dealing
with social service issues pertaining to children.
(c) The goals of the task force shall be the development of a plan
for voluntary accreditation of all facilities for children in
out-of-home care, including group homes, foster family agencies,
foster family homes, and community treatment facilities, in order to
encourage the maximum quality of residential services for children.
(d) It is the intent of the Legislature that accreditation be
voluntary and differ from, but complement, community care licensing
that is a governmental activity focused upon the enforcement of
minimum standards for health and safety.
(e) The task force may consult with additional persons, advisory
entities, and governmental agencies, as the task force determines
necessary.
(f) Members of the task force shall not receive any compensation
related to their service on the task force that goes above or beyond
any compensation that they may already receive from other public or
private sources.
(g) The plan shall include, but not be limited to, all of the
following:
(1) Proof that the development of standards for accreditation have
been written with the participation of a diverse group of service
providers, advocacy organizations, and placement agency personnel.
(2) A draft of accreditation standards that are comprehensive and
detailed, concerned with optimal achievement rather than minimal
quality, and that provide for continuing and objective evaluation of
services through a process that allows for self-appraisal and
self-education.
(3) A recommended schedule for implementation of accreditation of
a percentage of residential facilities for children in every county,
and a fiscal incentive strategy for programs that become accredited.
(4) Proposed financial incentive plan for county welfare
departments to participate in and encourage accreditation activities,
including, but not limited to, a reduction in county administrative
oversight responsibilities.
(5) Recommendations on what type of organization or entity should
be responsible for carrying out the accreditation functions.
(6) A recommended fee schedule for the support of voluntary
accreditation activities.
(7) A proposed method of providing an initial orientation and
ongoing technical assistance to enable and support those desiring
accreditation to become accredited.
(8) Recommendations for encouraging minority involvement in
accreditation activities, including outreach and technical assistance
targeted to agencies that are culturally and ethnically sensitive to
the population served, as determined by the task force.
(h) The Legislature finds and declares that the necessary
expertise for development of an accreditation plan is most available
through peers and colleagues. Therefore, it is the intent of the
Legislature that the accreditation plan may be developed by utilizing
private or public resources, and may be funded through revenues
generated by private fees, public or private grants, or public funds
provided by federal, state, county, or other governmental entities.