text:
(a) (1) The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group homes have appropriate training to provide the care and services for which a license or certificate is issued.

(2) The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential therapeutic programs have appropriate training to provide the care and services for which a license or certificate is issued.

(b) (1) In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential therapeutic program shall successfully complete a department-approved administrator certification training program, pursuant to subdivision (c), prior to employment.

(2) If an individual is both the licensee and the administrator of a licensed facility, the individual shall comply with all of 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 10 days of any change in administrators.

(c) (1) An administrator certification training program for group homes shall require a minimum of 40 hours of instruction conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor, and 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 a group home.

(B) Business operations.

(C) Management and supervision of staff.

(D) Psychosocial and educational needs of the children, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.

(E) Community and support services.

(F) Physical needs of the children.

(G) Assistance with self-administration, storage, misuse, and interaction of medication used by the children.

(H) Resident admission, retention, and assessment procedures, including 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.

(I) 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.

(J) Nonviolent emergency intervention and reporting requirements.

(K) Basic instruction on existing laws and procedures regarding the safety of foster youth at school and ensuring of a harassment- and violence-free school environment.

(L) The information described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5 of the Welfare and Institutions Code.

(2) An administrator certification training program for short-term residential therapeutic programs shall require a minimum of 40 hours of instruction conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor, and 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 a short-term residential therapeutic program.

(B) Business operations and management and supervision of staff, including staff training.

(C) Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.

(D) Permanence, well-being, and educational needs of the children.

(E) Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.

(F) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.

(G) Admission, retention, and assessment procedures, including 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.

(H) 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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.

(I) 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.

(J) Nonviolent emergency intervention and reporting requirements.

(K) Basic instruction on existing laws and procedures regarding the safety of foster youth at school and ensuring of a harassment- and violence-free school environment.

(L) The information described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5 of the Welfare and Institutions Code.

(d) A group home administrator who possesses a group home license, issued by the department, is exempt from completing an approved administrator certification training program and taking an examination, provided the individual completes 12 hours of instruction conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor, in the following uniform core of knowledge areas:

(1) Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential therapeutic program.

(2) (A) Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.

(B) Metabolic monitoring of children prescribed psychotropic medications.

(3) Admission, retention, and assessment procedures, including 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.

(4) 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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.

(5) 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.

(6) Physical and psychosocial needs of children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.

(e) Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass an examination administered by the department within 60 days of completing the program, submit to the department an administrator certification application, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the examination. The department may extend these time deadlines for good cause. The department shall notify the applicant of their examination results within 30 days of administering the examination.

(f) The department shall not begin the process of issuing an administrator certificate until receipt of all of the following:

(1) An administrator certification application.

(2) A certificate of completion of the administrator certification training program required pursuant to this section.

(3) The fee for processing an administrator certification application, including the issuance of the administrator certificate, as specified in subparagraph (A) of paragraph (1) of subdivision (l).

(4) Documentation that the applicant has passed the examination.

(5) Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current criminal record clearance or exemption on file.

(6) Proof that the person is at least 21 years of age.

(g) It is unlawful for a person not certified under this section to hold themselves out as a certified administrator of a group home or short-term residential therapeutic program. A person willfully making a false representation as being a certified administrator or facility manager is guilty of a misdemeanor.

(h) (1) Administrator 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 uniform 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 self-paced courses. All other continuing education hours shall be completed in an instructional setting conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor. For purposes of this section, an individual who is a group home or short-term residential therapeutic program 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, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.

(2) Every administrator of a group home or short-term residential therapeutic program shall complete the continuing education requirements described in this subdivision.

(3) An administrator certificate issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that an administrator receiving an initial certification on or after July 1, 1999, shall make an irrevocable election to have their recertification date for a 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 be permitted only after the certificate holder has paid a delinquency fee, as specified in subparagraph (C) of paragraph (1) of subdivision (l), has submitted to the department an administrator certification renewal application, and has provided evidence of completion of the continuing education required.

(4) To renew an administrator certificate, the certificate holder shall, on or before the certificate expiration date, submit to the department an administrator certification renewal application and documentation of completion of the required continuing education courses and pay the renewal fee, as specified in subparagraph (A) of paragraph (1) of subdivision (l), irrespective of receipt of the department’s notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.

(5) A suspended or revoked administrator certificate shall be 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 this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, as specified in subparagraphs (A) and (C) of paragraph (1) of subdivision (l), 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 a period of 12 months 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) An administrator certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of an administrator certification training program, passing any examination that may be required of an applicant for a new certificate at that time, and paying the fee specified in subparagraph (A) of paragraph (1) of subdivision (l).

(7) The department shall charge a fee for the reissuance of a lost administrator certificate, as specified in subparagraph (B) of paragraph (1) of subdivision (l).

(8) A certificate holder shall inform the department of their employment status and change of mailing address within 30 days of any change.

(i) Unless otherwise ordered by the department, an administrator certificate shall be considered forfeited under either of the following conditions:

(1) The administrator has had a license revoked, suspended, or denied as authorized under Section 1550.

(2) The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.

(j) (1) The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions as vendors to conduct administrator certification training programs and continuing education courses. The department may also grant continuing education hours for courses offered by accredited educational institutions that are consistent with the requirements in this section. 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.

(B) The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential therapeutic programs.

(C) The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential therapeutic programs 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 administrator certification training programs and continuing education courses.

(2) The department may authorize vendors to conduct administrator certification training programs and continuing education courses pursuant to this section. The department shall conduct the examination 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 administrator 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 this section and applicable regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved training vendors 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 shall charge a fee for an administrator certification training program vendor application or renewal, as specified in subparagraph (A) of paragraph (3) of subdivision (l).

(7) (A) A vendor of a self-paced online course shall ensure that each 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. A person who certifies as true any material matter pursuant to this clause that the person knows to be false is guilty of a misdemeanor.

(B) This subdivision does not prohibit the department from approving online programs 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.

(8) The department shall charge a fee for processing a continuing education training program vendor application or renewal, as specified in subparagraph (B) of paragraph (3) of subdivision (l).

(9) The department shall charge a fee for processing a continuing education course, as specified in paragraph (4) of subdivision (l).

(k) The department shall establish a registry for certificate holders that shall include, at a minimum, information on employment status and criminal record clearance.

(l) The department shall charge nonrefundable fees, as follows:

(1) Commencing July 1, 2021, the fee amount in subparagraph (A) shall be incrementally increased by 10 percent each year, not to exceed 40 percent, over a four-year period. The current fee specified in subparagraph (A) shall be the base for each yearly increase, which shall be effective July 1 of each year.

(A) The fee for processing an administrator certification application or renewal, including the issuance of the administrator certificate, is one hundred dollars ($100).

(B) The fee for the reissuance of a lost administrator certificate is twenty-five dollars ($25).

(C) The delinquency fee for processing a late administrator certification renewal application is three hundred dollars ($300), which shall be charged in addition to the fee specified in subparagraph (A).

(2) Commencing July 1, 2021, the fee for the administrator certification examination is one hundred dollars ($100), for up to three attempts.

(3) Commencing July 1, 2021, fee amounts in subparagraphs (A) and (B) shall be incrementally increased by 10 percent each year, not to exceed 40 percent, over a four-year period. The current fee specified in subparagraphs (A) and (B) shall be the base for each yearly increase and each increase shall be effective July 1 of each year.

(A) The fee for processing an administrator certification training program vendor application or renewal is one hundred fifty dollars ($150) for each licensed facility type.

(B) The fee for processing a continuing education training program vendor application or renewal is one hundred dollars ($100) for each licensed facility type.

(4) Commencing July 1, 2021, the fee for processing a continuing education course is ten dollars ($10) per continuing education unit for each licensed facility type.

(5) Notwithstanding paragraphs (1) to (4), inclusive, a fee charged pursuant to this subdivision shall not exceed the reasonable costs to the department of conducting the certification training program.

(m) Notwithstanding any law to the contrary, a vendor approved by the department who exclusively provides continuing education courses for administrators of a group home or short-term residential therapeutic program, as defined in Section 1502, 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.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 18. (SB 857) Effective January 1, 2026.)

article: 2. Administration


kind: section

code: HSC

text:
(a) The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall adopt regulations that establish standardized training and continuing education curricula for facility managers and direct child care workers in group homes.

(b) The regulations required by subdivision (a) shall specify the date by which new and current employees shall be required to meet the standardized training and continuing education requirements. For persons employed as child care staff and facility managers on the effective date of the regulations, the department shall provide adequate time for these persons to comply with the regulatory requirements.

history: (History: Amended by Stats. 2012, Ch. 34, Sec. 21. (SB 1009) Effective June 27, 2012.)

division: 2. LICENSING PROVISIONS

article: 2. Administration

path: 2. LICENSING PROVISIONS > 3. California Community Care Facilities Act > 2. Administration


text:
(a) (1) For the duties the department imposes on a group home administrator or short-term residential therapeutic program administrator in this chapter and in regulations adopted by the department, every group home and short-term residential therapeutic program shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential therapeutic program administrator shall accomplish those duties, including use of support personnel.

(2) For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.

(3) For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.

(b) (1) The department may review a group home’s or short-term residential therapeutic program’s plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential therapeutic program as prescribed in paragraph (3).

(2) The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes, and may also include the local county behavioral health department, as appropriate.

(3) The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified short-term residential therapeutic program administrator, a short-term residential therapeutic program provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential therapeutic programs, and may also include the local county behavioral health department, as appropriate.

(c) A group home or short-term residential therapeutic program shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that child’s needs and services plan.

(d) The department shall establish a process, no later than January 1, 2017, for convening the peer review panel as set forth in subdivision (b) for review of the plans of operation for short-term residential therapeutic programs, and shall develop this process in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, County Behavioral Health Directors Association of California, and stakeholders.

history: (History: Amended by Stats. 2016, Ch. 612, Sec. 33. (AB 1997) Effective January 1, 2017.)

chapter: 3. California Community Care Facilities Act

article: 2. Administration


text:
(a) It is the policy of the state that caregivers of children in foster care possess knowledge and skills relating to the reasonable and prudent parent standard, as defined in subdivision (c) of Section 362.05 of the Welfare and Institutions Code.

(b) Except for licensed foster family homes, certified family homes, and resource families approved by a foster family agency, each licensed community care facility that provides care and supervision to children and operates with staff shall designate at least one onsite staff member to apply the reasonable and prudent parent standard to decisions involving the participation of a child who is placed in the facility in age or developmentally appropriate activities in accordance with the requirements of Section 362.05 of the Welfare and Institutions Code, Section 671(a)(10) of Title 42 of the United States Code, and the regulations adopted by the department pursuant to this chapter.

(c) A licensed and certified foster parent, resource family, or facility staff member, as described in subdivision (b), shall receive training related to the reasonable and prudent parent standard that is consistent with Section 671(a)(24) of Title 42 of the United States Code. This training shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting one or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities.

(d) This section does not apply to a youth homelessness prevention center, a private alternative boarding school, or a private alternative outdoor program, as those terms are defined, respectively, in subdivision (a) of Section 1502.

history: (History: Amended by Stats. 2019, Ch. 341, Sec. 4. (AB 1235) Effective January 1, 2020.)

article: 2. Administration


text:
(a) All licensed community care facilities serving children shall provide trauma-informed care and utilize trauma-informed practices, as defined and set forth in standards and regulations adopted by the department.

(b) The department shall adopt regulations to implement this section. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through interim licensing standards until regulations are adopted.

history: (History: Added by Stats. 2020, Ch. 104, Sec. 6. (AB 2944) Effective September 18, 2020.)

article: 2. Administration


text:
(a) (1) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license. After initial licensure, a fee shall be charged by the department annually on each anniversary of the effective date of the license. The fees are for the purpose of financing the activities specified in this chapter. Fees shall be assessed as follows, subject to paragraph (2):Fee Schedule Facility TypeCapacityInitial ApplicationAnnualFoster Family and Adoption Agencies $3,025$1,513Adult Day Programs 1–15 $182 $91 16–30 $303 $152 31–60 $605 $303 61–75 $758 $378 76–90 $908 $454 91–120 $1,210 $605121+ $1,513 $757Other Community Care Facilities 1–3 $454 $454 4–6 $908 $454 7–15 $1,363 $681 16–30 $1,815 $908 31–49 $2,270$1,135 50–74 $2,725$1,363 75–100 $3,180$1,590 101–150 $3,634$1,817 151–200 $4,237$2,119 201–250 $4,840$2,420 251–300 $5,445$2,723 301–350 $6,050$3,025 351–400 $6,655 $3,328 401–500 $7,865 $3,933 501–600 $9,075 $4,538 601–700 $10,285 $5,143 701+ $12,100 $6,050(2) (A) The Legislature finds that all revenues generated by fees for licenses computed under this section and used for the purposes for which they were imposed are not subject to Article XIIIB of the California Constitution.

(B) The department, at least every five years, shall analyze initial application fees and annual fees issued by it to ensure the appropriate fee amounts are charged. The department shall recommend to the Legislature that fees established by the Legislature be adjusted as necessary to ensure that the amounts are appropriate.

(b) (1) In addition to fees set forth in subdivision (a), the department shall charge the following fees:

(A) A fee that represents 50 percent of an established application fee when an existing licensee moves the facility to a new physical address.

(B) A fee that represents 50 percent of the established application fee when a corporate licensee changes who has the authority to select a majority of the board of directors.

(C) A fee of twenty-five dollars ($25) when an existing licensee seeks to either increase or decrease the licensed capacity of the facility.

(D) An orientation fee of fifty dollars ($50) for attendance by any individual at a department-sponsored orientation session.

(E) A probation monitoring fee equal to the current annual fee, in addition to the current annual fee for that category and capacity for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).

(F) A late fee that represents an additional 50 percent of the established current annual fee when any licensee fails to pay the current annual licensing fee on or before the due date as indicated by postmark on the payment.

(G) A fee to cover any costs incurred by the department for processing payments including, but not limited to, bounced check charges, charges for credit and debit transactions, and postage due charges.

(H) A plan of correction fee of two hundred dollars ($200) when any licensee does not implement a plan of correction on or prior to the date specified in the plan.

(I) Additional fees established by the department by regulation for private alternative boarding schools and private alternative outdoor programs, as necessary to regulate those licensees.

(2) Foster family homes and resource families approved by a foster family agency shall be exempt from the fees imposed pursuant to this subdivision.

(3) (A) Foster family agencies shall be annually assessed eighty-eight dollars ($88) for each certified family home and resource family certified or approved by the agency.

(B) A foster family agency shall not be annually assessed the fee described in subparagraph (A) for a resource family placed on inactive status in accordance with Section 1517.4 if the period of inactivity exceeds one year.

(4) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a facility licensed under this chapter that serves six or fewer persons.

(c) (1) The revenues collected from licensing fees pursuant to this section shall be utilized by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by licensees and to support activities of the licensing program, including, but not limited to, monitoring facilities for compliance with licensing laws and regulations pursuant to this chapter, and other administrative activities in support of the licensing program, when appropriated for these purposes. The revenues collected shall be used in addition to any other funds appropriated in the Budget Act in support of the licensing program. The department shall adjust the fees collected pursuant to this section as necessary to ensure that they do not exceed the costs described in this paragraph.

(2) The department shall not utilize any portion of these revenues sooner than 30 days after notification in writing of the purpose and use of this revenue, as approved by the Director of Finance, to the Chairperson of the Joint Legislative Budget Committee, and the chairpersons of the committee in each house that considers appropriations for each fiscal year. The department shall submit a budget change proposal to justify any positions or any other related support costs on an ongoing basis.

(d) A facility may use a bona fide business check to pay the license fee required under this section.

(e) The failure of an applicant or licensee to pay all applicable and accrued fees and civil penalties shall constitute grounds for denial or forfeiture of a license.

history: (History: Amended by Stats. 2017, Ch. 732, Sec. 21. (AB 404) Effective January 1, 2018.)

article: 2. Administration


text:
(a) Beginning with the 1996–97 fiscal year, there is hereby created in the State Treasury the Technical Assistance Fund, from which money, upon appropriation by the Legislature in the Budget Act, shall be expended by the department to fund administrative and other activities in support of the licensing program.

(b) In each fiscal year, fees collected by the department pursuant to Sections 1523.1, 1568.05, 1569.185, and 1596.803 shall be deposited into the Technical Assistance Fund created pursuant to subdivision (a) and shall be expended by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by licensees and to support activities of the licensing program, including, but not limited to, monitoring facilities for compliance with applicable laws and regulations.

(c) Notwithstanding any other provision of law, revenues received by the department from payment of civil penalties imposed on licensed facilities pursuant to Sections 1522, 1536, 1547, 1548, 1568.0821, 1568.0822, 1568.09, 1569.17, 1569.485, and 1569.49 shall be deposited into the Technical Assistance Fund created pursuant to subdivision (a), and may be expended by the department for the technical assistance, training, and education of licensees.

history: (History: Amended by Stats. 2014, Ch. 29, Sec. 6. (SB 855) Effective June 20, 2014.)

article: 2. Administration


text: Transitional shelter care facilities, as defined in Section 1502.3, shall be exempt from the fees imposed pursuant to subdivision (a) of Section 1523.1.

history: (History: Amended by Stats. 2017, Ch. 732, Sec. 22. (AB 404) Effective January 1, 2018.)

article: 2. Administration


citation: HSC § 1524

text:
A license shall be forfeited by operation of law if one of the following occurs:

(a) The licensee sells or otherwise transfers the facility or facility property, except if change of ownership applies to transferring of stock if the facility is owned by a corporation, and if the transfer of stock does not constitute a majority change of ownership.

(b) The licensee surrenders the license to the department.

(c) (1) The licensee moves a facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process if applying for a license for the new location.

(2) This subdivision does not apply to a licensed foster family or a home certified by a licensed foster family agency. If a foster family home licensee or certified home parent moves to a new location, the existing license or certification may be transferred to the new location. All caregivers to whom this paragraph applies shall be required to meet all applicable licensing laws and regulations at the new location.

(d) The licensee dies. If an adult relative notifies the department of the relative’s desire to continue operation of the facility and submits an application, the department shall expedite the application. The department shall promulgate regulations for expediting applications submitted pursuant to this subdivision.

(e) The licensee abandons the facility.

(f) If the certification issued by the State Department of Developmental Services to a licensee of an Adult Residential Facility for Persons with Special Health Care Needs or a Group Home for Children with Special Health Care Needs, licensed pursuant to Article 9 (commencing with Section 1567.50), is rescinded.

(g) If the certification issued by the State Department of Developmental Services to a licensee of an enhanced behavioral supports home, licensed pursuant to Article 9.5 (commencing with Section 1567.61), is rescinded.

(h) If the certificate of program approval issued by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, to a licensee of a community crisis home, licensed pursuant to Article 9.7 (commencing with Section 1567.80), is rescinded.

(i) (1) A group home license shall be forfeited by operation of law if the licensee transitions the entire group home facility to a short-term residential therapeutic program and receives a permanent short-term residential therapeutic program license.

(2) Notwithstanding paragraph (1), a group home license shall not be forfeited if the department approves the licensee to operate a short-term residential therapeutic program in an identifiable and physically separate unit on the same grounds.

(j) A group home license issued to a county shall be forfeited by operation of law if the county receives a license to operate a temporary shelter care facility in accordance with Section 1530.8.

(k) A temporary shelter care facility license issued to a private, nonprofit organization under contract with a county shall be forfeited by operation of law upon termination of the contract in accordance with Section 1530.8.

(l) A foster family home license is forfeited by operation of law, as provided in Section 1517.1 of this code or Section 16519.5 of the Welfare and Institutions Code.

history: (History: Amended by Stats. 2021, Ch. 76, Sec. 6. (AB 136) Effective July 16, 2021.)

article: 2. Administration


text:
A resource family approval shall be forfeited by operation of law when one of the following occurs:

(a) The resource family surrenders the approval to the licensed foster family agency.

(b) The sole resource family parent dies.

(c) The resource family abandons the approved home.

(d) The resource family fails to cooperate with a biennial update, as described in subparagraph (F) of paragraph (3) of subdivision (b) of Section 1517, within 30 days of the date of written notice by the licensed foster family agency.

(e) A resource family approval is forfeited by operation of law, as provided in Section 1517.5 of this code or Section 16519.58 of the Welfare and Institutions Code.

history: (History: Amended by Stats. 2020, Ch. 104, Sec. 8. (AB 2944) Effective September 18, 2020.)

article: 2. Administration


text:
(a) Notwithstanding Section 1524, in the event of a sale of a licensed community care facility, except foster family homes and small family homes, where the sale will result in a new license being issued, the sale and transfer of property and business shall be subject to both of the following:

(1) The licensee shall provide written notice to the department and to each resident or client or his or her legal representative of the licensee’s intent to sell the facility at least 60 days prior to the transfer of property or business, or at the time that a bona fide offer is made, whichever period is longer.

(2) The licensee shall, prior to entering into an admission agreement, inform all residents/clients, or their legal representatives, admitted to the facility after notification to the department, of the licensee’s intent to sell the property or business.

(b) Except as provided in subdivision (e), the property and business shall not be transferred until the buyer qualifies for a license or provisional license pursuant to this chapter.

(1) The seller shall notify, in writing, a prospective buyer of the necessity to obtain a license, as required by this chapter, if the buyer’s intent is to continue operating the facility as a community care facility. The seller shall send a copy of this written notice to the licensing agency.

(2) The prospective buyer shall submit an application for a license, as specified in Section 1520, within five days of the acceptance of the offer by the seller.

(c) No transfer of the property or business shall be permitted until 60 days have elapsed from the date when notice has been provided to the department pursuant to paragraph (1) of subdivision (a).

(d) The department shall give priority to applications for licensure that are submitted pursuant to this section in order to ensure timely transfer of the property and business. The department shall make a decision within 60 days after a complete application is submitted on whether to issue a license pursuant to Section 1520.

(e) If the parties involved in the transfer of the property and business fully comply with this section, then the transfer may be completed and the buyer shall not be considered to be operating an unlicensed facility while the department makes a final determination on the application for licensure.

history: (History: Added by Stats. 1992, Ch. 873, Sec. 1. Effective January 1, 1993.)

article: 2. Administration


text:
(a) This section shall apply to any community care facility that serves children, as specified in this chapter.

(b) A licensee of a facility described in subdivision (a) may request inactive license status if the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code.

(c) A license shall not be valid, for the purposes of Section 1508, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

history: (History: Added by Stats. 2025, Ch. 546, Sec. 3. (SB 582) Effective January 1, 2026.)

article: 2. Administration


text:
(a) This section shall apply to any community care facility that serves adults, as specified in this chapter.

(b) A licensee of a facility described in subdivision (a) may request inactive license status for either of the following:

(1) If the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code.

(2) For any other period of inactivity in the operation of the facility.

(c) For a period of inactivity, as described in paragraph (2) of subdivision (b), the following shall apply:

(1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval.

(2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted.

(3) Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, the annual fee specified in paragraph (1) of subdivision (a) of Section 1523.1 during the period of inactive license status.

(4) Paragraph (2) of subdivision (b) shall become operative on January 1, 2028.

(d) A license shall not be valid, for the purposes of Section 1508, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

(e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

history: (History: Added by Stats. 2025, Ch. 546, Sec. 4. (SB 582) Effective January 1, 2026.)

article: 2. Administration


text:
(a) In addition to any other requirements of this chapter, any community care facility providing residential care for six or fewer persons, except family homes certified by foster family agencies, foster family homes, and small family homes, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints. This procedure shall include a method of assuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response of action taken or a reason why no action needs to be taken.

(b) In order to assure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet residents and learn of problems in the neighborhood, any facility, except family homes certified by foster family agencies, foster family homes, and small family homes, shall establish a fixed time on a weekly basis when the owner, licensee, or person designated by the owner or licensee will be present.

(c) Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 1996.

history: (History: Amended by Stats. 1995, Ch. 706, Sec. 1. Effective January 1, 1996.)

article: 2. Administration


text:
(a) In addition to any other requirement of this chapter, any group home or short-term residential therapeutic program, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.

(b) In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home or short-term residential therapeutic program shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.

(c) Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.

(d) This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the child’s best interests.

history: (History: Amended by Stats. 2016, Ch. 612, Sec. 36. (AB 1997) Effective January 1, 2017.)

article: 2. Administration


text:
The State Department of Social Services shall provide to residential care facilities a form, which the residential care facility shall attach to each resident admission agreement, notifying the resident that he or she is entitled to obtain services and equipment from the telephone company. The form shall include the following information:

“Any hearing or speech impaired, or otherwise disabled resident of any residential care facility is entitled to equipment and service by the telephone company, pursuant to Section 2881 of the Public Utilities Code, to improve the quality of their telecommunications. Any resident who has a declaration from a licensed professional or a state or federal agency pursuant to Section 2881 of the Public Utilities Code that he or she is hearing or speech impaired, or otherwise disabled should contact the local telephone company and ask for assistance in obtaining this equipment and service.”

This section shall not be construed to require, in any way, the licensee to provide a separate telephone line for any resident.

history: (History: Added by Stats. 1996, Ch. 448, Sec. 1. Effective January 1, 1997.)

article: 2. Administration


citation: HSC § 1525

text: Upon the filing of the application for issuance of a license or for a special permit and substantial compliance with the provisions of this chapter and the rules and regulations of the department, the director shall issue to the applicant the license or special permit. If the director finds that the applicant is not in compliance with the laws or regulations of this chapter, the director shall deny the applicant a license or special permit.

history: (History: Amended by Stats. 1992, Ch. 1315, Sec. 4. Effective January 1, 1993.)

article: 2. Administration


text:
Prior to the issuance of any new license or special permit pursuant to this chapter, the applicant shall attend an orientation given by the department. The orientation given by the department shall outline all of the following:

(a) The rules and regulations of the department applicable to a community care facility.

(b) The scope of operation of a community care facility.

(c) The responsibility entailed in operating a community care facility.

history: (History: Added by Stats. 1989, Ch. 606, Sec. 4.)

article: 2. Administration


text:
(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, as determined by the department. In determining whether any life safety risks are involved, the department shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the department’s rules and regulations. The provisional license shall expire six months from the date of issuance, or at any earlier time as the department may determine, and may not be renewed. However, the department may extend the term of a provisional license for an additional six months at time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met.

(b) This section shall not apply to foster family homes.

history: (History: Amended by Stats. 2016, Ch. 612, Sec. 37. (AB 1997) Effective January 1, 2017.)

article: 2. Administration


text:
(a) It is the intent of the Legislature to provide for proper case management and orderly transition in placement when family home licensing or family home certification changes occur. Placing, licensing, and foster family agencies shall be advised in a timely manner that a licensed foster family home or certified home intends to change its licensing or certification status.

(b) Upon receiving notification that a licensed foster family home is forfeiting its license, the county shall evaluate the needs of any child still placed in the home and determine whether the child requires the level of care to be provided when the home has been certified by a foster family agency. Any child not requiring that level of care shall be moved to a home that provides the appropriate level of care.

history: (History: Added by Stats. 1991, Ch. 1200, Sec. 6. Effective October 14, 1991.)

article: 2. Administration


citation: HSC § 1526

text: 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 department. Upon receipt by the state department of the petition in proper form, such petition shall be set for hearing. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the state department has all the powers granted therein.

history: (History: Amended by Stats. 1976, Ch. 597.)

article: 2. Administration


text:
(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 placement, notify the department that the facility has commenced operating. Foster family homes are exempt from the provisions of this subdivision.

(b) The inspection required by subdivision (a) shall be conducted to evaluate compliance with rules and regulations and to assess the facility’s continuing ability to meet regulatory requirements. The department may take appropriate remedial action as authorized by this chapter.

history: (History: Amended by Stats. 2006, Ch. 902, Sec. 7. Effective January 1, 2007.)

article: 2. Administration


text:
(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 pediatric cardiopulmonary resuscitation (CPR) and pediatric first aid. Certification shall be demonstrated by current and valid pediatric CPR and pediatric first aid cards issued by the American Red Cross, the American Heart Association, by a training program that has been approved by the Emergency Medical Services Authority pursuant to Section 1797.191, or from an accredited college or university.

(2) The licensee shall develop, maintain, and implement a written staff training plan for the orientation, continuing education, on-the-job training and development, supervision, and evaluation of all lead caregivers, caregivers, and volunteers. The licensee shall incorporate the training plan in the crisis nursery plan of operation.

(3) The licensee shall designate at least one lead caregiver to be present at the crisis nursery at all times when children are present. The lead caregiver shall have one of the following education and experience qualifications:

(A) Completion of 12 postsecondary semester units or equivalent quarter units, with a passing grade, as determined by the institution, in classes with a focus on early childhood education, child development, or child health at an accredited college or university, as determined by the department, and six months of work experience in a licensed group home, licensed infant care center, or comparable group child care program or family day care. At least three semester units, or equivalent quarter units, or equivalent experience shall include coursework or experience in the care of infants.

(B) A current and valid Child Development Associate (CDA) credential, with the appropriate age level endorsement issued by the CDA National Credentialing Program, and at least six months of on-the-job training or work experience in a licensed child care center or comparable group child care program.

(C) A current and valid Child Development Associate Teacher Permit issued by the California Commission on Teacher Credentialing pursuant to Sections 80105 to 80116, inclusive, of Title 5 of the California Code of Regulations.

(4) Lead caregivers shall have a minimum of 24 hours of training and orientation before working with children. One year experience in a supervisory position in a child care or group care facility may substitute for 16 hours of training and orientation. The written staff training plan shall require the lead caregiver to receive and document a minimum of 20 hours of annual training directly related to the functions of his or her position.

(5) Caregiver staff shall complete a minimum of 24 hours of initial training within the first 90 days of employment. Eight hours of training shall be completed before the caregiver staff are responsible for children, left alone with children, and counted in the staff-to-child ratios described in subdivision (c). A maximum of four hours of training may be satisfied by job shadowing.

(b) The department shall allow the use of fully trained and qualified volunteers as caregivers in a crisis nursery, subject to the following conditions:

(1) Volunteers shall be fingerprinted for the purpose of conducting a criminal record review as specified in subdivision (b) of Section 1522.

(2) Volunteers shall complete a child abuse central index check as specified in Section 1522.1.

(3) Volunteers shall be in good physical health and be tested for tuberculosis not more than one year prior to, or seven days after, initial presence in the facility.

(4) Volunteers shall complete a minimum of 16 hours of training as specified in paragraphs (5) and (6).

(5) Prior to assuming the duties and responsibilities of a crisis caregiver or being counted in the staff-to-child ratio, volunteers shall complete at least five hours of initial training divided as follows:

(A) Two hours of crisis nursery job shadowing.

(B) One hour of review of community care licensing regulations.

(C) Two hours of review of the crisis nursery program, including the facility mission statement, goals and objectives, child guidance techniques, and special needs of the client population they serve.

(6) Within 90 days, volunteers who are included in the staff-to-child ratios shall do both of the following:

(A) Acquire a certification in pediatric first aid and pediatric cardiopulmonary resuscitation.

(B) Complete at least 11 hours of training covering child care health and safety issues, trauma informed care, the importance of family and sibling relationships, temperaments of children, self-regulation skills and techniques, and program child guidance techniques.

(7) Volunteers who meet the requirements of paragraphs (1), (2), and (3), but who have not completed the training specified in paragraph (4), (5), or (6) may assist a fully trained and qualified staff person in performing child care duties. However, these volunteers shall not be left alone with children, shall always be under the direct supervision and observation of a fully trained and qualified staff person, and shall not be counted in meeting the minimum staff-to-child ratio requirements.

(c) The department shall allow the use of fully trained and qualified volunteers to be counted in the staff-to-child ratio in a crisis nursery subject to the following conditions:

(1) The volunteers have fulfilled the requirements in paragraphs (1) to (6), inclusive, of subdivision (b).

(2) There shall be at least one fully qualified and employed staff person on site at all times.

(3) (A) There shall be at least one employed staff person or volunteer caregiver for each group of six children, or fraction thereof, who are 18 months of age or older, and one employed staff person or volunteer caregiver for each group of three children, or fraction thereof, who are under 18 months of age from 7 a.m. to 7 p.m.

(B) There shall be at least one employed staff person or volunteer caregiver for each group of six children, or fraction thereof, who are 18 months of age or older, and one employed staff person or volunteer caregiver for each group of four children, or fraction thereof, who are under 18 months of age from 7 p.m. to 7 a.m.

(C) There shall be at least one employed staff person present for every volunteer caregiver used by the crisis nursery for the purpose of meeting the minimum caregiver staffing requirements.

(D) The crisis nursery’s plan of operation shall address how it will deal with unexpected circumstances related to staffing and ensure that additional caregivers are available when needed.

(d) There shall be at least one staff person or volunteer caregiver awake at all times from 7 p.m. to 7 a.m.

(e) (1) When a child has a health condition that requires prescription medication, the licensee shall ensure that the caregiver does all of the following:

(A) Assists children with the taking of the medication as needed.

(B) Ensures that instructions are followed as outlined by the appropriate medical professional.

(C) Stores the medication in accordance with the label instructions in the original container with the original unaltered label in a locked and safe area that is not accessible to children.

(D) Administers the medication as directed on the label and prescribed by the physician in writing.

(i) The licensee shall obtain, in writing, approval and instructions from the child’s authorized representative for administration of the prescription medication for the child. This documentation shall be kept in the child’s record.

(ii) The licensee shall not administer prescription medication to a child in accordance with instructions from the child’s authorized representative if the authorized representative’s instructions conflict with the physician’s written instructions or the label directions as prescribed by the child’s physician.

(2) Nonprescription medications may be administered without approval or instructions from the child’s physician if all of the following conditions are met:

(A) Nonprescription medications shall be administered in accordance with the product label directions on the nonprescription medication container or containers.

(B) (i) For each nonprescription medication, the licensee shall obtain, in writing, approval and instructions from the child’s authorized representative for administration of the nonprescription medication to the child. This documentation shall be kept in the child’s record.

(ii) The licensee shall not administer nonprescription medication to a child in accordance with instructions from the child’s authorized representative if the authorized representative’s instructions conflict with the product label directions on the nonprescription medication container or containers.

(3) The licensee shall develop and implement a written plan to record the administration of the prescription and nonprescription medications and to inform the child’s authorized representative daily, for crisis day services, and upon discharge for overnight care, when the medications have been given.

(4) When no longer needed by the child, or when the child is removed or discharged from the crisis nursery, all medications shall be returned to the child’s authorized representative or disposed of after an attempt to reach the authorized representative.

history: (History: Amended by Stats. 2014, Ch. 735, Sec. 3. (AB 2228) Effective January 1, 2015.)

article: 2. Administration


text:
(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 standards of the department, the department shall, unless an ongoing investigation precludes it, advise the provider of the noncompliance as soon as possible. The provider shall be given the opportunity to correct the deficiency.

(b) The department shall implement a procedure whereby citations for noncompliance may be appealed and reviewed.

(c) Nothing in this section shall preclude the department from taking any action it may deem necessary to ensure the safety of children and adults placed in any facility.

history: (History: Added by Stats. 1987, Ch. 1212, Sec. 2.)

article: 2. Administration


citation: HSC § 1527

text:
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 person under 19 years of age who has been placed in the care and supervision of licensed foster parents or, on and after January 1, 2019, a resource family, as defined in Section 16519.5 of the Welfare and Institutions Code.

(d) (1) “Foster parent” means the person, and including their spouse if the spouse is a resident of the same household, providing care, custody, and control of a foster child in a licensed foster family home or licensed small family home, as defined in Section 1502, or, on and after January 1, 2019, a resource family, as defined in Section 16519.5 of the Welfare and Institutions Code.

(2) On or after January 1, 2020, “foster parent” shall also mean the person, and including their spouse if the spouse is a resident of the same household, providing care, custody, and control of a foster child placed in a tribally approved home by a county child welfare agency, county probation agency, or an Indian tribe that has entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code.

(e) “Occurrence” means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or personal injury neither expected nor intended by the foster parent. Multiple incidents of a general course of conduct shall be considered one occurrence, regardless of the period of time during which the acts transpired.

(f) “Motor vehicle” means an automobile, motorcycle, moped, midget automobile, including the type commonly referred to as a kart, go-kart, speedmobile, or by a comparable name whether commercially built or otherwise, trailer or semitrailer designed for travel on public roads, including any machinery or apparatus attached thereto, or snowmobile.

(g) “Personal injury” means any injury to the feelings or reputation of any person or organization arising out of libel, slander, defamation, or disparagement, wrongful eviction, or entry.

(h) “Property damage” means any physical injury to, or destruction of, tangible property, including the loss of use thereof at any time resulting therefrom.

(i) “Watercraft” includes, but is not limited to, any boat, ship, raft, or canoe, whether motorized or not.

history: (History: Amended by Stats. 2019, Ch. 777, Sec. 7. (AB 819) Effective January 1, 2020.)

path: 2. LICENSING PROVISIONS > 3. California Community Care Facilities Act > 2.5. Foster Home and Small Family Home Insurance Fund


text: 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 operate the fund and perform other administrative functions that may be necessary to carry out the intentions of this article. The purpose of the fund is to pay, on behalf of foster family homes and small family homes, as defined in Section 1502, on or after January 1, 2019, resource families, as defined in Section 16519.5 of the Welfare and Institutions Code, and, on or after January 1, 2020, tribally approved homes, claims of foster children, their parents, guardians, or guardians ad litem resulting from occurrences peculiar to the foster care relationship and the provision of foster care services. The fund may sue and be sued.

history: (History: Amended by Stats. 2019, Ch. 777, Sec. 8. (AB 819) Effective January 1, 2020.)

article: 2.5. Foster Home and Small Family Home Insurance Fund


text: 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 litem for damages arising from, and peculiar to, the foster care relationship and the provision of foster care services, or shall reimburse foster family homes, small family homes, and resource families for those damages.

history: (History: Amended by Stats. 2019, Ch. 777, Sec. 9. (AB 819) Effective January 1, 2020.)


text:
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 operation or use of any motor vehicle, aircraft, or watercraft owned or operated by, or rented or loaned to, any foster parent.

(d) Any loss arising out of licentious, immoral, or sexual behavior on the part of a foster parent intended to lead to, or culminating in, any sexual act.

(e) Any allegation of alienation of affection against a foster parent.

(f) Any loss or damage arising out of occurrences prior to October 1, 1986.

(g) Exemplary damages.

(h) Any liability of a foster parent that is uninsured due solely to the foster parent’s failure to obtain insurance specified in Section 676.7 of the Insurance Code. Nothing in this subdivision shall be construed to expand the liability of the fund with respect to insured foster parents.

history: (History: Amended by Stats. 2013, Ch. 494, Sec. 2. (SB 522) Effective January 1, 2014.)


text: 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, 2020, tribally approved homes, for all claims arising due to one or more occurrences during any consecutive 12-month period. The fund shall be liable only once for damages arising from one occurrence.

history: (History: Amended by Stats. 2019, Ch. 777, Sec. 10. (AB 819) Effective January 1, 2020.)


text: 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 home, resource family, or tribally approved home is obligated to pay as a result of a valid claim of bodily injury or personal injury arising out of the activities of a foster parent or foster parents, which occurs while the foster child resides in the foster family home, small family home, resource family, or tribally approved home. Claims specified in this section of a foster child or a parent, guardian, or guardian ad litem of a foster child shall be the sole responsibility of the fund.

history: (History: Amended by Stats. 2019, Ch. 777, Sec. 11. (AB 819) Effective January 1, 2020.)


text:
(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 submitted to the fund within the applicable period of limitations for the appropriate civil action underlying the claim, subject to subdivision (a) of Section 352 of the Code of Civil Procedure as that section applies to a minor. If a claim is not submitted to the fund within the applicable time, there shall be no recourse against the fund.

(c) (1) The department shall approve or reject a claim within 180 days after it is presented.

(2) The department or an agency designated pursuant to Section 1527.1 shall notify a claimant of the decision to approve or reject a claim within 15 days of the decision.

(d) (1) A person shall not bring a civil action against a foster parent for which the fund is liable unless that person has first filed a claim against the fund and the claim has been rejected, or the claim has been filed, approved, and paid, and damages in excess of the payment are claimed.

(2) An applicable statute of limitations for a cause of action that arises out of the same occurrence for which a claim has been filed with the fund shall be tolled from the date the claim against the fund has been filed until the date the department, or an agency designated pursuant to Section 1527.1, has notified the person that the department has either rejected or approved the claim.

history: (History: Amended by Stats. 2012, Ch. 642, Sec. 1. (AB 2019) Effective January 1, 2013.)


text: 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.

history: (History: Added by Stats. 1986, Ch. 1330, Sec. 3. Effective September 29, 1986.)


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

history: (History: Amended by Stats. 2012, Ch. 642, Sec. 2. (AB 2019) Effective January 1, 2013.)


text: 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.

history: (History: Added by Stats. 2013, Ch. 494, Sec. 3. (SB 522) Effective January 1, 2014.)


citation: HSC § 1528

text:
(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 Regulations, as applicable to the licensed facility type.

(2) “Authorized representative” has the same meaning as defined in Sections 80001 and 82001 of Title 22 of the California Code of Regulations, as applicable to the licensed facility type.

(3) “Authorized volunteer” means an employee of a licensee who has volunteered to administer intranasal emergency antiseizure medication, has been authorized by the licensee pursuant to Section 1528.1, and has received the training described in Section 1528.2.

(4) “Health Care Provider” means a health care professional licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, including, but not limited to, physicians and surgeons, physician assistants, nurses, and nurse practitioners operating within their scope of practice.

(5) “Licensed facility” or “licensee” means either of the following:

(A) An adult residential facility, as defined in of Section 1502.

(B) An adult day program, as defined in Section 1502.

(6) “Seizure action plan” means a written, individualized health plan developed by the client or their authorized representative in consultation with a health care provider that is designed to prepare for, and respond to, the health care needs of a client diagnosed with seizures, a seizure disorder, or epilepsy who has been prescribed intranasal emergency antiseizure medication.

history: (History: Added by Stats. 2025, Ch. 448, Sec. 1. (AB 1172) Effective January 1, 2026.)

article: 2.6. Seizure Emergency Response

path: 2. LICENSING PROVISIONS > 3. California Community Care Facilities Act > 2.6. Seizure Emergency Response


text:
(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 administrator or authorized volunteer to administer intranasal emergency antiseizure medication to the client during a seizure emergency.

(b) (1) An administrator or authorized volunteer may administer intranasal emergency antiseizure medication in accordance with this article to a client diagnosed with seizures, a seizure disorder, or epilepsy if the client is suffering from a seizure, as outlined in the client’s seizure action plan.

(2) An administrator or authorized volunteer shall not administer intranasal emergency antiseizure medication unless they have received the training described in Section 1528.2.

(3) Intranasal emergency antiseizure medication shall not be administered to a client unless the licensee has a seizure action plan for the client pursuant to Section 1528.3.

(c) An administrator or authorized volunteer may rescind their offer to administer intranasal emergency antiseizure medication at any time, including after receiving training, without penalty or retaliation.

(d) A licensee shall adopt policies to implement this article that, among other things, ensure that any administration of intranasal emergency antiseizure medication pursuant to this article complies with the conditions specified in a client’s seizure action plan.

article: 2.6. Seizure Emergency Response


text:
(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 limited to, the Epilepsy Foundation, Epilepsy Foundations in California, and the California Medical Association, adopt minimum training standards for recognizing and responding to seizures, including administering intranasal emergency antiseizure medication, and identify appropriate entities to provide training. These standards may align with the training requirements described in Article 4.6 (commencing with Section 49468) of Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code when appropriate to the setting, age, and ability of clients and participants described in this article.

(b) The training standards adopted pursuant to this section shall include all of the following:

(1) Recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to those symptoms.

(2) Administering, or assisting with the self-administration of, an intranasal emergency antiseizure medication.

(3) Basic emergency follow up procedures.

(4) Written materials covering the information required under this subdivision.

(c) Licensees and regional centers shall retain, for reference, the written materials prepared pursuant to this section in a readily available manner in a central administrative location.

(d) (1) Training shall be provided to administrators and authorized volunteers at no cost to the administrator or authorized volunteer and during their regular working hours.

(2) Documentation of training for each administrator and authorized volunteer shall be retained in accordance with the requirements of Section 80066 of Title 22 of the California Code of Regulations for adult residential facilities and Section 82066 of Title 22 of the California Code of Regulations for adult day programs.

(e) Licensees shall provide a notice to administrators and authorized volunteers that informs them of their right to rescind an offer to volunteer at any time, including after receiving training, without penalty or retaliation. The notice shall include an explanation of the liability protections and indemnification requirements described in Section 1528.4 and state that there will be no retaliation against them for rescinding their offer to volunteer.

(f) If there are no administrators or authorized volunteers at the licensed facility able to administer intranasal emergency antiseizure medication, the facility shall notify the requesting client, the client’s authorized representative, or, if applicable, the client’s regional center service coordinator, to coordinate care for the client.

article: 2.6. Seizure Emergency Response


text:
(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 representative that includes all of the following:

(1) A written authorization signed by the client, or if applicable, the client’s authorized representative, verifying that a seizure experienced by the client may be responded to at the licensed facility by a nonmedical professional who has received training pursuant to Section 1528.2, including through the administration of emergency antiseizure medication prescribed to the client. The authorization shall be effective for the calendar year in which it is granted and shall be renewed each calendar year, unless needed sooner.

(2) A copy of a written statement from the client’s health care provider that includes all of the following information:

(A) The client’s name.

(B) The name and purpose of the medication.

(C) The prescribed dosage.

(D) The method of administration.

(E) The frequency with which the medication may be administered.

(F) Detailed seizure symptoms, including frequency, type, or length of seizures, that identify when the administration of an intranasal emergency antiseizure medication becomes necessary.

(G) The circumstances under which the medication may be administered.

(H) Any potential adverse responses by the client and recommended mitigation actions, including when to call emergency services, including the emergency 911 telephone number.

(I) Protocols for observing and caring for the client after a seizure and after the administration of intranasal emergency antiseizure medication, including, but not limited to, both of the following:

(i) Whether the client should rest in a specific area or return to regular activities.

(ii) The length of time the client should be under direct observation.

(3) Clear instructions on how and where the intranasal emergency antiseizure medication should be stored at the licensed facility.

(b) The administrator or their designee shall document and maintain a copy of the client’s seizure action plan in compliance with all applicable state and federal privacy laws.

(c) The licensee shall maintain with the client’s seizure action plan a description of how the licensee will coordinate care for the client in the absence of an administrator or authorized volunteer and what actions will be taken to ensure the continued safety of the client.

(d) The licensee shall maintain the client’s seizure action plan and the description required by subdivision (c) in accordance with the requirements of Section 80070 of Title 22 of the California Code of Regulations for adult residential facilities and Section 82070 of Title 22 of the California Code of Regulations for adult day programs.

(e) If an administrator or authorized volunteer administers intranasal emergency antiseizure medication pursuant to this article, the administrator or their designee shall maintain a record of each dose administered in a manner consistent with the documentation of medications provided to a client for self-administration in accordance with Title 22 of the California Code of Regulations.

(f) Intranasal emergency antiseizure medication prescribed for the client shall be provided to the licensee with the label affixed by the dispensing pharmacy intact.

article: 2.6. Seizure Emergency Response


text:
(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 liability, in accordance with, but not limited to, the provisions of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the administrator or authorized volunteer, and retained in the administrator or authorized volunteer’s personnel file.

(b) (1) Notwithstanding any other law, except as provided in paragraph (2), an administrator or a volunteer who administers intranasal emergency antiseizure medication in compliance with this article, any person who provides training to an administrator or authorized volunteer pursuant to this article, or any person who otherwise complies with the requirements of this article, in good faith and not for compensation, shall not be subject to professional review, civil liability, or criminal prosecution for their actions or omissions, or the actions or omissions of a volunteer.

(2) The protections specified in paragraph (1) and subdivision (a) shall not affect any of the following:

(A) A person’s liability for an act or omission that constitutes gross negligence or willful or wanton misconduct.

(B) A person’s culpability for an act that constitutes a crime.

(C) The ability of a licensing board to take disciplinary action against a licensed healthcare professional for an act not specifically authorized by this article.

(D) The application of Section 1799.102.

(3) An administrator or authorized volunteer who volunteers to administer intranasal emergency antiseizure medication pursuant to this article shall not be deemed to be providing intranasal emergency medical care for compensation, notwithstanding the fact that the administrator or authorized volunteer is a paid staff member of the facility.

article: 2.6. Seizure Emergency Response


text: 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 develop a basic curriculum, a program for continuing education, and specialized training for parents caring for children with unique needs.

history: (History: Added by Stats. 1988, Ch. 1142, Sec. 7. Effective September 22, 1988.)

article: 2.7. Foster Parent Training

path: 2. LICENSING PROVISIONS > 3. California Community Care Facilities Act > 2.7. Foster Parent Training


citation: HSC § 1530

text:
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 and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state.

Such regulations shall designate separate categories of licensure under which community care facilities shall be licensed pursuant to this chapter, which shall include a separate license category for residential care facilities for the elderly. Such regulations shall also designate the specialized services which community care facilities may be approved to provide pursuant to this chapter.

history: (History: Amended by Stats. 1978, Ch. 288.)

article: 3. Regulations

path: 2. LICENSING PROVISIONS > 3. California Community Care Facilities Act > 3. Regulations


text:
(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 regulations shall take into account the diversity of consumers and their caregivers, and the role of licensing in promoting consumer choice, health and safety, independence, and inclusion in the community.

(c) The department shall also take into account the diversity of existing programs designed to meet unique consumer needs, including, but not limited to, programs serving elders with cognitive or physical impairments, non-facility-based programs serving persons with developmental disabilities, respite-only programs, and other programs serving a unique population.

history: (History: Added by Stats. 2002, Ch. 773, Sec. 5. Effective January 1, 2003.)

article: 3. Regulations


text:
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 of the report.

(b) The timeline for completion of the workgroup’s activities.

(c) Any recommendations being considered for statutory, regulatory, and policy changes, and any workplan for the implementation of those recommendations.

history: (History: Added by Stats. 2006, Ch. 388, Sec. 2. Effective January 1, 2007.)

article: 3. Regulations


text:
(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 establish regulations for these foster family homes, certified family homes, and resource family homes of foster family agencies as an entirely separate regulation package from regulations for all other community care facilities. Certified family homes of foster family agencies and foster family homes shall not be subject to civil penalties pursuant to this chapter, except for penalties imposed pursuant to Sections 1522 and 1547. Resource family homes of foster family agencies shall not be subject to civil penalties pursuant to this chapter, as specified in Section 16519.54 of the Welfare and Institutions Code. The department, in adopting and amending regulations for these foster family homes and certified family homes of foster family agencies, shall consult with foster parent and foster family agency organizations in order to ensure compliance with the requirement of this section.

(b) This section shall not apply to small family homes or foster family agencies as defined in Section 1502.

history: (History: Amended by Stats. 2020, Ch. 104, Sec. 9. (AB 2944) Effective September 18, 2020.)

article: 3. Regulations


text:
(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 the child, may give the same legal consent for that child as a parent except for the following:

(1) Marriage.

(2) Entry into the Armed Forces.

(3) Medical and dental treatment, except that consent may be given for ordinary medical and dental treatment for the child, including, but not limited to, immunizations, physical examinations, and X-rays.

(4) Educational decisions that are required to be made by a child’s educational rights holder.

(5) If the child is voluntarily placed by the parent or parents, those items as are agreed to in writing by the parties to the placement.

(b) To this effect, the department shall prescribe rules and regulations to carry out the intent of this section.

(c) This section does not apply to any situation in which a juvenile court order expressly reserves the right to consent to those activities to the court.

history: (History: Amended by Stats. 2017, Ch. 732, Sec. 24. (AB 404) Effective January 1, 2018.)

article: 3. Regulations


text:
(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 home shall not smoke a tobacco product or permit any other person to smoke a tobacco product inside the home, and, when the child is present, on the outdoor grounds of the home.

(c) A person who is licensed, certified, or approved pursuant to this chapter to provide residential foster care shall not smoke a tobacco product in any motor vehicle that is regularly used to transport a child.

(d) For purposes of this section, “smoke” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(e) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

history: (History: Amended by Stats. 2017, Ch. 732, Sec. 25. (AB 404) Effective January 1, 2018.)

article: 3. Regulations