CA Health & Safety Code Section 1562.01

(a)

The department shall license short-term residential treatment centers, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. A short-term residential treatment center shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.

(b)

(1)A short-term residential treatment center shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.

(2)

Notwithstanding paragraph (1), the department may issue a provisional license to a short-term residential treatment center and may extend the term of the provisional license not to exceed two years in order for the short-term residential treatment center to secure accreditation as set forth in subdivision (a) of Section 1520.1.

(c)

A short-term residential treatment center shall obtain and have in good standing a mental health certification, as set forth in Section 4096.5 of the Welfare and Institutions Code.

(d)

(1)A short-term residential treatment center shall prepare and maintain a current, written plan of operation as required by the department.

(2)

The plan of operation shall include, but not be limited to, all of the following:

(A)

A statement of purposes and goals.

(B)

A plan for the supervision, evaluation, and training of staff. The training plan shall be appropriate to meet the needs of staff and children.

(C)

A program statement that includes all of the following:

(i)

Description of the short-term residential treatment center’s ability to support the differing needs of children and their families with short-term, specialized, and intensive treatment.

(ii)

Description of the core services, as set forth, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary. (iii)Procedures for the development, implementation, and periodic updating of the needs and services plan for children served by the short-term residential treatment center and procedures for collaborating with the child and family team described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, that include, but are not limited to, a description of the services to be provided to meet the treatment needs of the child as assessed, on and after January 1, 2017, pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare and Institutions Code, the anticipated duration of the treatment, and the timeframe and plan for transitioning the child to a less-restrictive family environment.

(iv)

A description of the population or populations to be served.

(v)

Any other information that may be prescribed by the department for the proper administration of this section.

(e)

In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential treatment center shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth on and after January 1, 2017, in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.

(f)

The department shall establish procedures for a county review process, at the county’s option, for short-term residential treatment centers, which may include the review of the short-term residential treatment center’s program statement, and which shall be established in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, and stakeholders, as appropriate.

(g)

(1)The department shall adopt regulations to establish requirements for the education, qualification, and training of facility managers and staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities in short-term residential treatment centers consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment.

(2)

Requirements shall include, but not be limited to, all of the following:

(A)

Staff classifications.

(B)

Specification of the date by which employees shall be required to meet the education and qualification requirements.

(C)

Any other requirements that may be prescribed by the department for the proper administration of this section.

(h)

The department shall adopt regulations to specify training requirements for staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities. These requirements shall include the following:

(1)

Timeframes for completion of training, including the following:

(A)

Training that shall be completed prior to unsupervised care of children.

(B)

Training to be completed within the first 180 days of employment.

(C)

Training to be completed annually.

(2)

Topics to be covered in the training shall include, but are not limited to, the following:

(A)

Child and adolescent development, including sexual orientation, gender identity, and gender expression.

(B)

The effects of trauma, including grief and loss, and child abuse and neglect on child development and behavior and methods to behaviorally support children impacted by that trauma or child abuse and neglect.

(C)

The rights of a child in foster care, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.

(D)

Positive discipline and the importance of self-esteem.

(E)

Core practice model.

(F)

An overview of the child welfare and probation systems.

(G)

Reasonable and prudent parent standard.

(H)

Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.

(I)

Awareness and identification of commercial sexual exploitation and best practices for providing care and supervision to commercially sexually exploited children.

(J)

The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate child centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.

(K)

Permanence, well-being, and educational needs of children.

(L)

Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.

(M)

Best practices for providing care and supervision to nonminor dependents.

(N)

Health issues in foster care.

(O)

Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma-informed crisis management planning.

(i)

(1)Each person employed as a facility manager or staff member of a short-term residential treatment center, who provides direct care and supervision to children and youth residing in the short-term residential treatment center shall be at least 21 years of age.

(2)

This subdivision shall not apply to a facility manager or staff member employed, before October 1, 2014, at a short-term residential treatment center which was operating under a group home license prior to January 1, 2016.

(j)

Notwithstanding any other section of this chapter, the department may establish requirements for licensed group homes that are transitioning to short-term residential treatment centers, which may include, but not be limited to, requirements related to application and plan of operation.

(k)

A short-term residential treatment center shall have a qualified and certified administrator, as set forth in Section 1522.41.

(l)

The department shall have the authority to inspect a short-term residential treatment center pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.