West's Ann.Cal.Health & Safety Code § 1505

West's Annotated California Codes Currentness
Health and Safety Code
Division 2. Licensing Provisions
Chapter 3. California Community Care Facilities Act
Article 1. General Provisions

§ 1505. Exempt facilities and arrangements

This chapter does not apply to any of the following:

(a) Any health facility, as defined by Section 1250.

(b) Any clinic, as defined by Section 1202.

(c) Any juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or any juvenile hall operated by a county.

(d) Any place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code.

(e) Any child day care facility, as defined in Section 1596.750.

(f) Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination.

(g) Any school dormitory or similar facility determined by the department.

(h) Any house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care as determined by the director.

(i) Recovery houses or other similar facilities providing group living arrangements for persons recovering from alcoholism or drug addiction where the facility provides no care or supervision.

(j) Any alcoholism or drug abuse recovery or treatment facility as defined by Section 11834.11.

(k) Any arrangement for the receiving and care of persons by a relative or any arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for financial profit and occurs only occasionally and irregularly, as defined by regulations of the department. For purposes of this chapter, arrangements for the receiving and care of persons by a relative shall include relatives of the child for the purpose of keeping sibling groups together.

(l)(1) Any home of a relative caregiver of children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code.

(2) Any home of a nonrelative extended family member, as described in Section 362.7 of the Welfare and Institutions Code, providing care to children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code.

(3) On and after January 1, 2012, any supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400 of the Welfare and Institutions Code, who are placed by the juvenile court, supervised by the county welfare department, probation department, or Indian tribe that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code, and whose placement is approved pursuant to subdivision (k) of Section 11400 of the Welfare and Institutions Code.

(4) On and after January 1, 2012, a THP-Plus Foster Care setting, for nonminor dependents, as defined in subdivision (x) of Section 11400 of the Welfare and Institutions Code, who are placed by the juvenile court, supervised by the county welfare department or probation department and the placement of whom is approved, in accordance with subdivision (k) of Section 11400 of the Welfare and Institutions Code.

(m) Any supported living arrangement for individuals with developmental disabilities, as defined in Section 4689 of the Welfare and Institutions Code.

(n)(1) Any family home agency, family home, or family teaching home as defined in Section 4689.1 of the Welfare and Institutions Code, that is vendored by the State Department of Developmental Services and that does any of the following:

(A) As a family home approved by a family home agency, provides 24-hour care for one or two adults with developmental disabilities in the residence of the family home provider or providers and the family home provider or providers' family, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health.

(B) As a family teaching home approved by a family home agency, provides 24- hour care for a maximum of three adults with developmental disabilities in independent residences, whether contiguous or attached, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health.

(C) As a family home agency, engages in recruiting, approving, and providing support to family homes.

(2) No part of this subdivision shall be construed as establishing by implication either a family home agency or family home licensing category.

(o) Any facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (Chapter 21 (commencing with Section 1901) of Title 25 of the United States Code) are placed and that is one of the following:

(1) An extended family member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code.

(2) A foster home that is licensed, approved, or specified by the Indian child's tribe pursuant to Section 1915 of Title 25 of the United States Code.

(p)(1)(A) Any housing occupied by elderly or disabled persons, or both, that is initially approved and operated under a regulatory agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage assistance pursuant to Section 221d (3) of Public Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services.

(B) Any housing that qualifies for a low-income housing credit pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to Section 8 of Public Law 93-383 (42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled persons, or both, where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services.

(2) The project owner or operator to which paragraph (1) applies may coordinate, or help residents gain access to, the supportive services, either directly, or through a service coordinator.

(q) Any similar facility determined by the director.

CREDIT(S)

(Added by Stats.1981, c. 102, p. 716, § 61, eff. June 28, 1981. Amended by Stats.1981, c. 1162, p. 4650, § 6; Stats.1984, c. 1486, § 1; Stats.1984, c. 1615, § 2; Stats.1984, c. 1667, § 1.3; Stats.1985, c. 1064, § 1; Stats.1987, c. 1409, § 1; Stats.1989, c. 919, § 1; Stats.1992, c. 1011 (S.B.1383), § 1; Stats.1994, c. 1095 (S.B.1730), § 1, eff. Sept. 29, 1994; Stats.1995, c. 724 (A.B.1525), § 1; Stats.1997, c. 793 (A.B.1544), § 8; Stats.1998, c. 945 (A.B.2686), § 1; Stats.1998, c. 1056 (A.B.2773), § 9.5; Stats.2001, c. 653 (A.B.1695), § 2, eff. Oct. 10, 2001; Stats.2004, c. 831 (A.B.2100), § 1; Stats.2009, c. 82 (A.B.123), § 1; Stats.2010, c. 559 (A.B.12), § 5.)

HISTORICAL AND STATUTORY NOTES

2008 Main Volume

Amendment of this section by §§ 1.1, 1.2, 1.3 of Stats.1984, c. 1486, failed to become operative under the provisions of § 6 of that Act.

Amendment of this section by §§ 2.1 to 2.3 of Stats.1984, c. 1615, failed to become operative under the provisions of § 27 of that Act.

Amendment of this section by §§ 1, 1.1 and 1.2 of Stats.1984, c. 1667, failed to become operative under the provisions of § 8 of that Act.

Effect of amendment of section by two or more acts at the same session of the legislature, see Government Code § 9605.

Sections 7 and 8 of Stats.1995, c. 724 (A.B.1525), provide:

"Sec. 7. This act shall be implemented only to the extent that its provisions do not conflict with federal law.

"Sec. 8. The State Department of Social Services may adopt emergency regulations to implement this act in accordance with the Administrative Procedure Act, provided for under Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. The regulations shall not remain in effect more than 120 days."

Legislative intent of Stats.1997, c. 793, relating to use of cost savings, see Historical and Statutory Notes under Evidence Code § 1228.1.

Under the provisions of § 31 of Stats.1998, c. 1056, the 1998 amendments of this section by c. 945 and c. 1056 were given effect and incorporated in the form set forth in § 9.5 of c. 1056.

An amendment of this section by § 9 of Stats.1998, c.1056, failed to become operative under the provisions of § 31 of that Act.

Section affected by two or more acts at the same session of the legislature, see Government Code § 9605.

Sections 1 and 21 of Stats.2001, c. 653 (A.B.1695), provide:

"It is the intent of the Legislature to continue to promote the successful implementation of the statutory preference for foster care placement with relative caregivers as set forth in Section 7950 of the Family Code. Placement of a child with a relative caregiver most closely meets the statutory requirement of Section 16000 of the Welfare and Institutions Code that a child live in the least restrictive and most familylike setting possible. California's clear mandate for an exhaustive search for available relatives and primary consideration of these relatives for placement is in accord with federal Title IV-E requirements that the 'State shall consider giving preference to an adult relative over a nonrelated caregiver when determining placement for a child.'

"The intent of the Legislature is to clarify that California's relative caregiver approval process employs the same standards used to license foster care homes in accordance with the federal Adoption and Safe Families Act of 1997, (P.L. 105-89), and, therefore, California's compliance entitles it to continuous Title IV-E foster care maintenance and administration payments."

"Notwithstanding the 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, on and before June 30, 2002, the State Department of Social Services may implement the applicable provisions of this act through all county letters or similar instructions from the director.

"The director shall adopt regulations, as otherwise necessary, to implement the applicable provisions of this act no later than July 1, 2002. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedures Act."

The Assembly Daily Journal for the 2001-02 Regular Session, page 5322, contained the following letter dated April 3, 2002, from Assembly Member Dion Louise Aroner regarding the intent of Stats.2001, c. 653 (A.B. 1695):

"Dear Speaker Wesson: This letter is being sent for publication in the journal.

"Last year, the Legislature passed and the Governor signed AB 1695 (Chapter 653, Statutes of 2001) as an urgency measure. AB 1695 primarily related to the placement of children in foster care with relative caregivers. However, as part of that legislation, Welfare and Institutions Code (WIC) section 361.5(b)(10) was amended in response to the State Supreme Court's ruling in Renee J. v. Superior Court (2001) 26 Cal.4th 735. The Supreme Court's interpretation of this section in the Renee J. case did not reflect the Legislature's meaning in crafting the statute. Therefore, our purpose in rewriting WIC section 361.5(b)(10) was to make clear the Legislature's original intent in establishing this section of law, not to establish a new meaning.

"Sincerely,

"Dion Louise Aroner, Assembly Member Fourteenth Assembly District"

The Assembly Daily Journal for the 2003-2004 Regular Session, page 8084, contained the following letter dated August 27, 2004, from Assembly Members Sally J. Lieber and Darrell Steinberg, regarding the intent of Stats.2004, c. 831 (A.B.2100):

"The Honorable E. Dotson Wilson

"Chief Clerk of the Assembly

"Assembly Chamber

"Dear Mr. Wilson,

"We request that this letter be printed in the Assembly Journal with regard to Assembly Bill 2100 (Steinberg) and the clients of Agnews Developmental Center.

"We believe that the provisions of AB 2100 will allow for innovative housing options for qualified Agnews clients with developmental disabilities.

"According to the Department of Developmental Services (DDS) estimates, no more that 50 people from Agnews would qualify for these new housing options. However, those that do qualify would not be required live in the family teaching homes. The provisions of AB 2100 are voluntary for qualified Agnews clients.

"The DDS assures us that appropriate monitoring of the family teaching homes will be provided, and that abuse or misconduct will not be tolerated. We believe that the oversight provided by DDS will, in many ways, exceed that provided in licensed homes. To ensure client safety, we call on DDS to collect and analyze data pertaining to any complaints, accidents, or injuries that occur in family teaching homes and to make this information available to the Legislature and the public.

"The safety and well-being of the Agnews residents is our highest priority. Given these facts and assurances, we are confident that AB 2100 is the proper course and will improve the quality of life to Agnews residents. To achieve these aims it will be necessary for the DDS to work closely with the families of Agnews residents to ensure further developments affecting their loved ones will have the benefit of their participation.

"Sincerely,

"SALLY J. LIEBER

"Assembly Member

"Twenty-second District

"DARRELL STEINBERG

"Assembly Member

"Ninth District"

Governor Schwarzenegger issued the following signing message regarding Stats.2004, c. 831 (A.B.2100):

"To the Members of the California State Assembly:

"I am signing Assembly Bill 2100, legislation that will provide a new model of support for persons with severe developmental disabilities who wish to live in California's communities. This legislation builds upon the innovative services created by the Lanterman Developmental Disabilities Services Act and the 1999 United States Supreme Court's Olmstead decision, which calls for the support and integration of persons with disabilities in their homes and communities rather than institutions.

"Consistent with the Olmstead decision, this legislation will provide another alternative that will better enable individuals to live in more integrated settings by expanding the range and availability of appropriate community-based placements. AB 2100 allows for the development of housing dedicated to persons with developmental disabilities and authorizes three San Francisco Bay Area regional centers to provide lease payments to establish a permanent stock of stable housing. This pilot program will establish a family teaching model that will serve up to three persons with developmental disabilities in family settings.

"California has systematically and continually developed integrated community-based services and supports for persons with developmental disabilities. It is time to take the next step and implement a new model capable of providing services to individuals whose only other previous option had been a state run developmental center. Therefore, it is with great enthusiasm that I am signing AB 2100.

"Sincerely,

"Arnold Schwarzenegger"

2011 Electronic Update                                                          

2010 Legislation

For short title, appropriation, and cost reimbursement provisions relating to Stats.2010, c. 559 (A.B.12), see Historical and Statutory Notes under Family Code § 17552.

2008 Main Volume

Former Notes

Former § 1505, added by Stats.1977, c. 1105, p. 3530, § 2, amended by Stats.1980, c. 676, p. 1943, § 157.5; Stats.1981, c. 102, p. 715, § 60; Stats.1981, c. 1162, p. 4649, § 5, related to exempt facilities and arrangements, and was repealed by its own terms on July 1, 1984. See this section.

Former § 1505 added by Stats.1973, c. 1203, p. 2582, § 4, amended by Stats.1977, c. 1105, p. 3529, § 1; Stats.1980, c. 676, p. 1942, § 157; Stats.1981, c. 102, p. 714, § 59; Stats.1981, c. 1162, p. 4647, § 4, related to exempt facilities and arrangements, and was repealed by its own terms on Jan. 1, 1983. See this section.

Former § 1505, added by Stats.1947, c. 1462, p. 3038, § 2, amended by Stats.1972, c. 1148, p. 2240, § 5, relating to the expiration and renewal of licenses, was repealed by Stats.1973, c. 1203, p. 2581, § 3. See Health and Safety Code § 1524.

Derivation

Former § 1505 added by Stats.1977, c. 1105, p. 3530, § 2, amended by Stats.1980, c. 676, p. 1943, § 157.5; Stats.1981, c. 102, p. 715, § 60; Stats.1981, c. 1162, p. 4649, § 5.

Former § 1505 added by Stats.1973, c. 1203, p. 2582, § 4, amended by Stats.1977, c. 1105, p. 3529, § 1; Stats.1980, c. 676, p. 1942, § 157; Stats.1981, c. 102, p. 714, § 59; Stats.1981, c. 1162, p. 4647, § 4.

Former § 1513, added by Stats.1947, c. 1462, p. 3040, § 2, amended by Stats.1971, c. 1593, p. 3271, § 160.

Cal. Health & Safety Code § 1505, CA HLTH & S § 1505

 

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