§ 1502.35. — 1502.35. (Amended by Stats. 2020, Ch. 370, Sec. 196.)

California § 1502.35.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 3.: CHAPTER 3. California Community Care Facilities Act
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
The department shall license a youth homelessness prevention center as a group home pursuant to this section. A youth homelessness prevention center shall meet all of the following requirements:
(1)
The center shall offer short-term, 24-hour, nonmedical care and supervision and personal services to youth who voluntarily enter the center. As used in this paragraph, “short-term” means no more than 90 consecutive days from the date of admission.
(2)
The center shall serve homeless youth, youth at risk of homelessness, youth exhibiting status offender behavior, and runaway youth.
(A)
“Homeless youth” means a youth 12 to 17 years of age,
inclusive, or 18 years of age if the youth is completing high school or its equivalent, who is in need of services and without a place of shelter.
(B)
“Runaway youth” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, who absents themself from home or place of legal residence without the permission of their family, legal guardian, or foster parent.
(C)
“Youth at risk of homelessness” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, to whom one or more of the following circumstances apply:
(i)
Identification as lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQ).
(ii)
Financial stress,
including, but not limited to, stress due to their own or family loss of income, low income, gambling, or change of family circumstances.
(iii)
Housing affordability stress or housing crisis, including, but not limited to, pending evictions or foreclosures of the current home, or rental or mortgage arrears.
(iv)
Inadequate or inappropriate dwelling conditions, including, but not limited to, accommodations that are unsafe, unsuitable, or overcrowded.
(v)
Loss of previous housing accommodation.
(vi)
Relationship or family breakdown.
(vii)
Child abuse, neglect, or living in an environment where children are at risk of child abuse or neglect.
(viii)
Sexual abuse.
(ix)
Domestic or family violence.
(x)
Nonfamily violence.
(xi)
Mental health issues or other health problems.
(xii)
Problematic alcohol, drug, or substance use.
(xiii)
Employment difficulties or unemployment.
(xiv)
Problematic gambling.
(xv)
Transitions from custodial and care arrangements, including, but not limited to, out-of-home care, independent living arrangements for children under 18 years of age, or health and mental health care facilities or programs.
(xvi)
Discrimination, including, but not limited to, racial discrimination.
(xvii)
Disengagement with school or other education and training.
(xviii)
Involvement in, or exposure to, criminal activities.
(xix)
Antisocial behavior.
(xx)
Lack of family or community support.
(xxi)
Staying in boarding housing for 12 weeks or more without security of tenure.
(D)
“Youth exhibiting status offender behavior” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, who persistently or habitually refuses to
obey the reasonable and proper orders or directions of their parents, guardian, or custodian, or who is beyond the control of that person, or who violates an ordinance of a city or county establishing a curfew based solely on age.
(3)
The center shall have a maximum capacity of 25 youths.
(4)
The center shall have a ratio of one staff person to every eight youths. For purposes of this paragraph, a volunteer may be counted in the staff-to-youth ratio if the volunteer has satisfied the same training requirements as a paid center staff member and other requirements set forth in regulations, and a paid center staff member is present during the time the volunteer is on duty.
(5)
Bunk beds may be permitted in the center, but shall not consist of more than two tiers.
(6)
The center shall be owned and operated on a nonprofit basis by a private nonprofit corporation, a nonprofit organization, or a public agency.
(b)
Center staff shall, prior to admission into the center, determine if a youth poses a threat to self or others in the center. A youth may not be admitted into the center if it is determined that the youth poses such a threat.
(c)
An assessment shall not be required for admission, but center staff shall assess youth served within 72 hours of admission to the center.
(d)
Center staff shall assist youth served in obtaining emergency health-related services.
(e)
The center shall establish procedures to assist youth in securing long-term stability that
includes all of the following:
(1)
Reconnecting the youth with their family, legal guardian, or nonrelative extended family members when possible to do so.
(2)
Coordinating with appropriate individuals, local government agencies, or organizations to help foster youth secure a suitable foster care placement.
(f)
The center shall ensure all youth at the center have fair and equal access to services, care, and treatment provided by the center, and are not 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.
(g)
Prior to employment or interaction with youth at a youth
homelessness prevention center, all persons specified in subdivision (b) of Section 1522 shall complete a criminal record review pursuant to Section 1522 and a Child Abuse Central Index check pursuant to Section 1522.1.
(h)
A youth homelessness prevention center shall collect and maintain all of the following information in a monthly report, in a format specified by the department, and make the report available to the department upon request:
(1)
Total number of youth served per month.
(2)
Age of each youth served.
(3)
Length of stay of each youth served.
(4)
Number of times a youth accesses the center and services at the center.
(i)
Notwithstanding Section 1522.43, the department shall not require a youth homelessness prevention center to maintain a needs and services plan, as defined in Section 84001 of Title 22 of the California Code of Regulations, for a youth served. This subdivision does not preclude the department from requiring a youth homelessness prevention center to maintain an assessment, as defined by the department, for youths served.
(j)
The department may license a center pursuant to this section if the center is operating in two physical locations on or before January 1, 2013, with only one physical location providing overnight residential care, and the center meets the requirements of this section. If a center described in this subdivision is licensed pursuant to this section, the department shall permit the center to retain its two physical locations and issue a license for each physical location.
(k)
A youth homelessness prevention center is not an eligible placement option pursuant to Sections 319, 361.2, 450, and 727 of the Welfare and Institutions Code.
(l)
A youth homelessness prevention center’s program shall not be eligible for a rate pursuant to Section 11462 of the Welfare and Institutions Code. This does not preclude a center from receiving reimbursement for providing services to a foster youth, as may be provided at the discretion of a county.
(m)
The department shall adopt regulations to implement this section, in consultation with interested parties, including representatives of provider organizations that serve homeless or runaway youth. The regulations developed pursuant to this subdivision shall be contained in the regulations for group homes found in Chapter 5 (commencing with Section 84000) of
Division 6 of Title 22 of the California Code of Regulations.
(n)
Notwithstanding 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 the applicable provisions of this section by publishing information releases or similar instructions from the director until the regulations adopted by the department pursuant to subdivision (m) become effective.

Legislative History

Amended by Stats. 2020, Ch. 370, Sec. 196. (SB 1371) Effective January 1, 2021.