Title HSC — California Health & Safety Code

(a) The department may issue provisional licenses to operate community care facilities for facilities that it determines are in substantial compliance with this chapter and the rules and regulations adopted pursuant to this chapter, provided that no life safety risks are involved…

Immediately upon the denial of any application for a license or for a special permit, the state department shall notify the applicant in writing. Within 15 days after the state department mails the notice, the applicant may present his written petition for a hearing to the state …

(a) Within 90 days after a facility accepts its first client for placement following the issuance of a license or special permit pursuant to Section 1525, the department shall inspect the facility. The licensee shall, within five business days after accepting its first client for…

(a) It is the intent of the Legislature to maintain quality resources for children needing placement away from their families. If, during a periodic inspection or an inspection pursuant to Section 1526.5, a facility is found out of compliance with one or more of the licensing sta…

(a) It is the intent of the Legislature that the department develop modified staffing levels and requirements for crisis nurseries, provided that the health, safety, and well-being of the children in care are protected and maintained. (1) All caregivers shall be certified in pedi…

As used in this article: (a) “Aircraft” includes, but is not limited to, any airplane, glider, or hot air balloon. (b) “Bodily injury” means any bodily injury, sickness, or disease sustained by any person including death at any time resulting therefrom. (c) “Foster child” means a…

There is hereby established the Foster Family Home and Small Family Home Insurance Fund within the State Department of Social Services. The fund shall consist of all moneys appropriated by the Legislature. The department may contract with another state agency to set up and operat…

The fund, subject to this article, shall pay, on behalf of foster family homes, small family homes, on and after January 1, 2019, resource families, and, on or after January 1, 2020, tribally approved homes, any claims of foster children, their parents, guardians, or guardians ad…

The fund shall not be liable for any of the following: (a) Any loss arising out of a dishonest, fraudulent, criminal, or intentional act of a foster parent. (b) Any occurrence that does not arise from the foster-care relationship. (c) Any bodily injury arising out of the operatio…

The fund shall not be liable for any loss arising out of the dishonest, fraudulent, criminal, or intentional act of any person if the date of the loss is prior to July 1, 2013.

Notwithstanding any other provision of this article, the fund shall not be liable for damages in excess of three hundred thousand dollars ($300,000) for any single foster family home, small family home, on and after January 1, 2019, resource family, or, on or after January 1, 202…

The fund shall be liable, if a claim is approved, to pay on behalf of each licensed foster family home, small family home, on or after January 1, 2019, resource family, or, on or after January 1, 2020, tribally approved home, all sums which the foster family home, small family ho…

(a) A claim against the fund shall be filed with the fund in accordance with claims procedures and on forms prescribed by the State Department of Social Services or its designated contract agency. (b) A claim against the fund filed by a foster parent or a third party shall be sub…

All processing of decisions and reports, payment of claims, and other administrative actions relating to the fund shall be conducted by the State Department of Social Services or its designated contract agency.

The fund established pursuant to Section 1527.1 shall be maintained at an adequate level to meet anticipated liabilities.

(a) This article shall be known, and may be cited, as the Seizure Emergency Response Act. (b) For purposes of this article, the following definitions shall apply: (1) “Administrator” has the same meaning as defined in Sections 80001 and 82001 of Title 22 of the California Code of…

(a) If a client diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed intranasal emergency antiseizure medication by their health care provider, a licensee may, upon receipt of a request from the client or client’s authorized representative, allow an admini…

(a) On or before January 1, 2028, the State Department of Social Services shall, in consultation with organizations and providers with expertise in epilepsy, administering emergency antiseizure medication, and administering medication in a school environment, including, but not l…

(a) Before administering intranasal emergency antiseizure medication prescribed to treat seizures in a client diagnosed with seizures, a seizure disorder, or epilepsy, the licensee shall be in receipt of a seizure action plan approved by the client or the client’s authorized repr…

(a) Any licensee that allows administrators or authorized volunteers to administer intranasal emergency antiseizure medication pursuant to this article shall ensure that each administrator or authorized volunteer will be provided defense and indemnification for any and all civil …

It is the intent of the Legislature that persons desiring to become, or to continue being, foster parents shall receive training in order to assist them in being effective substitute caregivers and to enhance the safety and growth of children placed with them. There is a need to …

The state department shall adopt, amend, or repeal, in accordance with Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules, regulations, and standards as may be necessary or proper to carry out the purposes …

(a) The department shall adopt regulations, in consultation with providers, consumers, and other interested parties, to combine adult day care and adult day support centers licensing categories into one category, which shall be designated adult day programs. (b) The consolidated …

The director shall report to the Legislature during the 2007–08 budget hearings on the progress of the department’s children’s residential regulation review workgroup. The report shall include all of the following: (a) A summary of the activities of the workgroup up to the date o…

(a) The department, in establishing regulations, including provisions for periodic inspections, under this chapter for foster family homes, certified family homes, and resource family homes of foster family agencies, shall consider these homes as private residences, and shall est…

(a) Notwithstanding any other law, persons licensed or approved pursuant to this chapter to provide residential foster care to a child either placed with them pursuant to order of the juvenile court or voluntarily placed with them by the person or persons having legal custody of …

(a) A licensed children’s residential facility shall maintain a smoke-free environment in the facility. (b) A person who is licensed, certified, or approved pursuant to this chapter to provide residential care in a foster family home, certified family home, or resource family hom…

(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…

(a) The department shall, with the advice and assistance of the State Department of Health Care Services, counties, parent and children’s advocacy groups, and group home providers, adopt regulations for the licensing of licensed community treatment facilities at the earliest poss…

(a) A community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 and licensed pursuant to this chapter, shall meet the requirements of this section. (b) (1) A community treatment facility shall have national accreditation from an entity identifie…

(a) Except as provided in subdivision (b), a care provider that provides foster care for children pursuant to this chapter shall provide each schoolage child and the child’s authorized representative, as defined in regulations adopted by the department, who is placed in foster ca…

The regulations for a license shall prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services based upon the category of licensure. The regulations for a special permit shall prescribe standards for the qu…

(a) A residential facility licensed as an adult residential facility, group home, short-term residential therapeutic program, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time del…

(a) A licensee of an adult residential facility, short-term residential therapeutic program, or group home for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), that is utilizing delayed egress devices pursuant to Secti…

A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to obtaining licensure, the facility shall secure and maintain a fire clearance approval from the local fire enforcing agency…

(a) Upon the filing by the department of emergency regulations with the Secretary of State, an adult day program, as defined in Division 6 of Title 22 of the California Code of Regulations, or Section 1502, that provides care and supervision for adults with Alzheimer’s disease an…

The State Fire Marshal shall establish separate fire and panic safety standards and criteria for the evaluation of each category of license described in subdivision (a) of Section 1502. The State Fire Marshal shall take into consideration the characteristics of the persons served…

On and after January 1, 1999, no security window bars may be installed or maintained on any community care facility unless the security window bars meet current state and local requirements, as applicable, for security window bars and safety release devices.

(a) The State Department of Social Services shall not deny a license for a foster family home solely on the basis that the applicant is a parent who has administered corporal punishment not constituting child abuse, or will continue to administer such corporal punishment, to his …

The Committee on Community Care Facilities of the State Social Services Advisory Board shall advise the director regarding regulations, policy, and administrative practices pertaining to community care facilities. The committee shall review proposed regulations for community care…

(a) Except as otherwise provided in this section, any duly authorized officer, employee, or agent of the State Department of Social Services may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services at any time…

(a) (1) (A) Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department. (B) Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject…

(a) The department shall ensure that the licensee’s plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable to establish that a deficiency has been corrected. This evidence shall be included in the department’s facility fi…

The state department shall provide the office, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, with copies of inspection reports for community care facilities upon request.

(a) On or before January 1, 1986, the state department shall publish a comprehensive consumer guideline brochure to assist persons in the evaluation and selection of a licensed community care facility. The department shall develop the brochure for publication with the advice and …

(a) (1) At least annually, the department shall publish and make available to interested persons a list or lists covering all licensed community care facilities and the services for which each facility has been licensed or issued a special permit. (2) For a group home, transition…

(a) “Placement agency” means a county probation department, county welfare department, county social service department, county mental health department, county public guardian, general acute care hospital discharge planner or coordinator, conservator pursuant to Part 3 (commenci…

(a) When a placement agency has placed a child with a foster family agency for subsequent placement in a certified family home or with a resource family, the foster family agency shall ensure placement of the child in a home that best meets the needs of the child. (b) A home that…

A public agency social worker shall, in determining whether to refer an individual to an adult residential care facility, take into account the compatibility of the individual with the other residents in light of any medical diagnoses or behavioral problems.

The director shall have the authority to contract for personal services as required in order to perform inspections of, or consultation with, community care facilities.