(a) The department shall license short-term residential therapeutic programs, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. A short-term residential therapeutic program 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 therapeutic program shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (6) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
(2) A short-term residential therapeutic program applicant shall submit documentation of accreditation or application for accreditation with its application for licensure.
(3) A short-term residential therapeutic program shall have up to 24 months from the date of licensure to obtain accreditation.
(4) A short-term residential therapeutic program shall provide documentation to the department reporting its accreditation status at 12 months and at 18 months after the date of licensure.
(5) This subdivision does not preclude the department from requesting additional information from the short-term residential therapeutic program regarding its accreditation status.
(6) The department may revoke a short-term residential therapeutic program’s license pursuant to Article 5 (commencing with Section 1550) for failure to obtain accreditation within the timeframes specified in this subdivision.
(c) (1) A short-term residential therapeutic program shall have up to 12 months from the date of licensure to obtain in good standing a mental health program approval that includes a Medi-Cal mental health certification, as set forth in Sections 4096.5 and 11462.01 of the Welfare and Institutions Code.
(2) A short-term residential therapeutic program shall maintain the program approval described in paragraph (1) in good standing during its licensure.
(3) The department shall track the number of licensed short-term residential therapeutic programs that were unable to obtain a mental health program approval and provide that information to the Legislature annually as part of the State Budget process.
(d) (1) A short-term residential therapeutic program 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 therapeutic program’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 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 therapeutic program 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, 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) A description of compliance with the mental health program approval requirement in subdivision (c). A short-term residential therapeutic program that has not satisfied the requirement in subdivision (c) shall demonstrate the ability to meet the mental health service needs of children.
(vi) (I) A description of how the short-term residential therapeutic program, in accordance with the child’s case plan and the child and family team recommendations, will provide for, arrange for the provision of, or assist in, both of the following:
(ia) Identification of home-based family settings for a child who no longer needs the level of care and supervision provided by a short-term residential therapeutic program.
(ib) Continuity of care, services, and treatment as a child moves from his or her short-term residential therapeutic program placement to home-based family care or to a permanent living situation through reunification, adoption, or guardianship.
(II) This clause shall not be interpreted to supersede the placement and care responsibility vested in the county child welfare agency or probation department.
(vii) 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 therapeutic program shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(f) (1) (A) (i) A short-term residential therapeutic program applicant shall submit an application to the department that includes a letter of recommendation in support of its program from a county placing agency.
(ii) The letter of recommendation shall include a statement that the county placing agency reviewed a copy of the applicant’s program statement.
(iii) If the letter of recommendation is not from the county in which the facility is located, the short-term residential therapeutic program applicant shall include, with its application, a statement that it provided the county in which the facility is located an opportunity for that county to review the program statement and notified that county that the facility has received a letter of recommendation from another county.
(B) If the application does not contain a letter of recommendation as described in subparagraph (A), then the department shall cease review of the application. Nothing in this paragraph shall constitute a denial of the application for purposes of Section 1526 or any other law.
(C) A new letter of recommendation is not required when a short-term residential therapeutic program moves locations.
(2) A short-term residential therapeutic program shall submit a copy of its program statement to all county placing agencies from which the short-term residential therapeutic program accepts placements, including the county in which the facility is located, for optional review when the short-term residential therapeutic program updates its program statement.
(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 therapeutic programs 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 therapeutic program, who provides direct care and supervision to children and youth residing in the short-term residential therapeutic program 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 therapeutic program that was operating under a group home license prior to January 1, 2017.
(j) Notwithstanding any other section of this chapter, the department may establish requirements for licensed group homes that are transitioning to short-term residential therapeutic programs, which may include, but not be limited to, requirements related to application and plan of operation.
(k) A short-term residential therapeutic program 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 therapeutic program pursuant to the system of governmental monitoring and oversight developed by the department pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
(Amended by Stats. 2017, Ch. 732, Sec. 33. (AB 404) Effective January 1, 2018.)
Last modified: October 25, 2018