Donate

As you review this report, please consider donating. Your contribution will help us continue our work advocating for survivors and youth. Every donation makes an impact, no matter the size. Thank you for your support!

Completed by:

The Unsilenced Policy Team

California Legislation Report

2022

2022

Introduction

The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry’s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.

Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts’ individualized education programs, and by parents.

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.

Introduction

The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry’s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.

Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts’ individualized education programs, and by parents.

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.

California Legislation

General Oversight and Transparency Family Code §7900-7912
Definition(s), Regulations, and Legal References The mandatory legal process that the county agency uses to place a child from one state to another for purposes of foster care and/or adoption
Oversight Agency Department of Social Services of sending and receiving state
Which state agency oversees investigations? Ombuds
Are investigations and outcomes visible to the public online? No
Is a list of licensed facilities available to the public? Yes
Can complaints be filed online? Is the reporting portal easy to find? Complaints may be filed online but the portal is not easy to find.
Are phone calls private from other youth and staff? No
Is youth consent required for all treatment received? No
Does the state prohibit mail censorship? No
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Not valid when crossing state lines
Is there a Bill of Rights in youth in care? Yes, but it is not required
What types of interstate placements are not subject to the ICPC? Placements into schools where the primary purpose for the placement is educational.
General Oversight and Transparency CRC Title 22, Division 6, Chapter 1, Articles 1-8
Definition(s), Regulations, and Legal References SB 524 (2015) ; Title 22; HSC§1500-1567
What are the zoning requirements? What are occupancy requirements for structures being used to house youth in residential settings? Is there a fire code and how often is this monitored? One or more CO detectors (HSC§1503.2)
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Is there a Bill of Rights in youth in care? Yes, but it is not required.
General Oversight and Transparency HSC § 1502.4
Definition(s), Regulations, and Legal References For "seriously emotionally disturbed" as defined in WIC§5600.3 but does not require inpatient care
Oversight Agency California Department of Social Services
Which state agency oversees investigations? California Department of Social Services
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? State
Is a list of licensed facilities available to the public? Yes
Can complaints be filed online? Is the reporting portal easy to find? No or could not be found at https://data.chhs.ca.gov/
Does the state conduct unannounced site visits? How many per year? Yes but unsure on exact number.
What are the zoning requirements? What are the occupancy requirements for structures being used to house youth in residential settings? Is there a fire code and how often is this monitored? Article 7 section 87087 and 87087.1 - Limit of 2 to a bedroom
Are there admission requirements? HSC§1502.4 - Assessment pursuant to WIC§11462.01
Are there religious exemptions? Yes, 1505
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Is Physical Restraint allowed? Yes
Is Chemical Restraint allowed? Yes, but only if child is in danger to self or others
Is Mechanical Restraint allowed? No, Senate Bill No. 524 - CHAPTER 864 (7) It shall not use secure containment or manual or mechanical restraints. SEC. 3. Section 1502.2
Is Seclusion allowed? Yes
Is there a Bill of Rights for youth in care? Yes, but it is not required.
Additional Information C.R.I.S.E.S. Grant Pilot Program
General Oversight and Transparency SB-524 Private alternative boarding schools and outdoor programs
General Oversight and Transparency (Continued) HEALTH AND SAFETY CODE - HSC
Definition(s), Regulations, and Legal References (19) “Private alternative boarding school” means a group home licensed by the department to operate a program pursuant to Section 1502.2 to provide youth with 24-hour residential care and supervision, which, in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative boarding school shall be nonmedical, except as otherwise permitted by law. 1502.2. (a)the department shall license private alternative boarding schools as a group home. Private alterative boarding schools follow Group Home Regulation TITLE 22, DIVISION 6 CHAPTER 5 GROUP HOMES
Oversight Agency California Department of Social Services
Which state agency oversees investigations? California Department of Social Services
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? Yes. Section 1502.2
Is a list of licensed facilities available to the public? No
Are regulations only applicable to facilities receiving public funds? SEC. 3. Section 1502.2 (1) It shall be owned and operated on a nonprofit basis by a private nonprofit corporation or a nonprofit organization.
Can complaints be filed online? Is the reporting portal easy to find? No or could not be found
What are the zoning requirements? What are the occupancy requirements for structures being used to house youth in residential settings? Is there a fire code and how often is this monitored? Article 7 section 87087 and 87087.1 - Limit of 2 to a bedroom
Are there admission requirements? 1502.2. It shall offer 24-hour, nonmedical care and supervision to youth who voluntarily consent to being admitted to the program and who are voluntarily admitted by his or her parent or legal guardian.
Is a licensed clinician required to perform a mental health evaluation upon intake? CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ARTICLE 1 (8) If it offers access to, or holds itself out as offering access to, mental health services, it shall ensure that those services are provided by a licensed mental health provider.
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ARTICLE 1 (9) (c) A private alternative boarding school shall submit a staff training plan to the department as part of its plan of operation. In addition to the training required of group home staff, the staff training plan shall include, but not be limited to, training in all of the following subject areas
Are the guardian & admitted child required to be informed of their their rights? CH 10 1502.2 d) (1) A youth admitted to a licensed private alternative boarding school shall be accorded the following rights and any other rights adopted by the department in regulations, a list of which shall be publicly posted and accessible to youth.
Does child have access to a telephone to report violation of rights? External grievance? CHAPTER 3. California Community Care Facilities Act1502.0 (I) To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
Are rights posted in a visible location? CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ARTICLE 1 (5)(d) (1) A youth admitted to a licensed private alternative boarding school shall be accorded the following rights and any other rights adopted by the department in regulations, a list of which shall be publicly posted and accessible to youth.
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? CHAPTER 3. California Community Care Facilities Act 1502.2(I) To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
Are phone calls private from other youth and staff? CHAPTER 3. California Community Care Facilities Act ( 1502.2 (M) To consent to have visitors or telephone calls during reasonable hours, privately and without prior notice, if the visitors or telephone calls do not disrupt planned activities and are not prohibited by court order or by the youth’s parent or legal guardian.
Is medication prescribing and monitoring required to be by a licensed physician used only for a valid diagnosis? 1502.2 (9) If it offers access to, or holds itself out as offering access to, mental health services, it shall ensure that those services are provided by a licensed mental health provider.
Does the state prohibit mail censorship? 1502.2 5(I) To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
Does the state require that children be allowed visitors in private during normal visiting hours? 1502.2 5(I) To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
Staff Requirements and Training CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ARTICLE 1 (9) (c) A private alternative boarding school shall submit a staff training plan to the department as part of its plan of operation In addition to the training required of group home staff, the staff training plan shall include, but not be limited to, training in all of the following subject areas: (1) Youth rights, as described in subdivision (d). (2) Physical and psychosocial needs of youth. (3) Appropriate responses to emergencies, including an emergency intervention plan. (4) Cultural competency and sensitivity in issues relating to the lesbian, gay, bisexual, and transgender communities. (5) Laws pertaining to residential care facilities for youth.
Does the state require medical response training for all staff working with children in residential settings? (9)(3) Appropriate responses to emergencies, including an emergency intervention plan.
Is Aversive Treatment banned? Clients have the right to be free from abusive, humiliating, degrading, or traumatizing actions.
Are there Religious Exemptions? Yes, 1505
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Is Physical Restraint allowed? California Community Care Facilities Act [1502.2 (9)(N) To be free of corporal punishment, physical restraints of any kind, and deprivation of basic necessities
Is Chemical Restraint allowed? Yes, but only if child is in danger to self or others
Is Mechanical Restraint allowed? No, Senate Bill No. 524 - CHAPTER 864 (7) It shall not use secure containment or manual or mechanical restraints. SEC. 3. Section 1502.2
Is Seclusion allowed? Yes
Is there a Bill of Rights for youth in care? Yes, but it is not required.
Additional Information C.R.I.S.E.S. Grant Pilot Program
Additional Information (Continued) It shall provide each prospective youth and his or her parent or legal guardian with an accurate written description of the programs and services to be provided. If it advertises or promotes special care, programming, or environments for persons with behavioral, emotional, or social challenges, the written description shall include how its programs and services are intended to achieve the advertised or promoted claims.
General Oversight and Transparency SB-524 Private alternative boarding schools and outdoor programs
General Oversight and Transparency (Continued) HEALTH AND SAFETY CODE - HSC
Definition(s), Regulations, and Legal References 20) “Private alternative outdoor program” means a group home licensed by the department to operate a program pursuant to Section 1502.21 to provide youth with 24-hour residential care and supervision, which provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative outdoor program shall be nonmedical, except as otherwise permitted by law.
Oversight Agency California Department of Social Services
Which state agency oversees investigations? California Department of Social Services
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? 1502.21. (a) Commencing January 1, 2019, the department shall license private alternative outdoor programs, as defined in paragraph (20) of subdivision (a) of Section 1502, as a group home pursuant to this chapter.
Is a list of licensed facilities available to the public? No
Can complaints be filed online? Is the reporting portal easy to find? Yes
Does the state conduct unannounced site visits? How many per year? The legislation mentions inspections but not how often.
What are the zoning requirements? What are the occupancy requirements for structures being used to house youth in residential settings? Is there a fire code and how often is this monitored? CO Detectors
Are there admission requirements? Yes. (5) (A) It shall not admit a child who is younger than 12 years of age. (B) It shall not admit a youth who has been assessed by a licensed mental health professional as seriously emotionally disturbed, unless the youth does not require care in a licensed health facility and the State Department of Health Care Services has certified the program as a program that meets the standards to provide mental health treatment services for a child having a serious emotional disturbance, as set forth in Section 4096.5 of the Welfare and Institutions Code.
Is a licensed clinician required to perform a mental health evaluation upon intake? No, mental health care and medical care must be provided by someone licensed, but there's nothing about intake specifically
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? 1502.0(F) To care, supervision, and services that meet his or her individual needs and that are delivered by staff who are sufficient in numbers, qualifications, and competency to meet his or her needs and ensure his or her safety.6 it shall provide each prospective youth and his or her parent or legal guardian with an accurate written description of the programs and services to be provided. If it advertises or promotes special care, programming, or environments for persons with behavioral, emotional, or social challenges, the written description shall include how its programs and services are intended to achieve the advertised or promoted claims
Are the guardian & admitted child required to be informed of their their rights? (d) (1) A youth admitted to a licensed private alternative outdoor program shall be accorded the following rights and any other rights adopted by the department by regulation, a list of which shall be publicly posted and accessible to youth. The personal rights enumerated in Section 84072 of Title 22 of the California Code of Regulations shall not apply.
Does child have access to a telephone to report violation of rights? External grievance? Yes
Are rights posted in a visible location? Yes
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? Yes
Are phone calls private from other youth and staff? Yes, to consent to have visitors or telephone calls during reasonable hours, privately and without prior notice, provided the visitors or telephone calls do not disrupt planned activities and are not prohibited by court order or by the youth’s parent or legal guardian.
Is youth consent required for all treatment received? Yes, It shall offer 24-hour, non-medical care and supervision to youth who voluntarily consent to being admitted to the program and who are voluntarily admitted by his or her parent or legal guardian. AND (J) To be fully informed, as evidenced by the youth’s written acknowledgment, before, or at the time of, admission in the program, of all the rules governing the youth’s conduct and responsibilities. To receive in the admission agreement information that details the planned programs and services for the youth.
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? The facility can only offer non-medical services
Does the state require a guardian's consent to all treatment received? Yes, it shall offer 24-hour, nonmedical care and supervision to youth who voluntarily consent to being admitted to the program and who are voluntarily admitted by his or her parent or legal guardian.
Is medication prescribing and monitoring required to be by a licensed physician used only for a valid diagnosis? Yes, if it offers access to, or holds itself out as offering access to, mental health services, it shall ensure that those services are provided by a licensed mental health provider. If it advertises or includes in its marketing materials reference to providing alcohol or substance abuse treatment, it shall ensure that the treatment is provided by a licensed or certified alcoholism or drug abuse recovery or treatment facility."
Does the state prohibit mail censorship? To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
Does the state require that children be allowed visitors in private during normal visiting hours? Yes, to be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order.
Does the state require de-escalation training for all staff working with children in residential settings? Yes. 1502.21-(C) Appropriate responses to emergencies, including an emergency intervention plan.
Does the state require medical response training for all staff working with children in residential settings? Appropriate responses to emergencies, including an emergency intervention plan.
Does state require 1:4 staffing ratio or higher? Yes
Are background checks required, including volunteers? Yes
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? There is nothing specific about experimentation, but it should fall under planned care-(K) To receive in the admission agreement information that details the planned programs and services for the youth.
Are there Religious Exemptions? Yes. 1505-(f) (1) A 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 solely upon prayer or spiritual means for healing in the practice of the religion of the church or denomination. (2) A private alternative boarding school or private alternative outdoor program, as defined in subdivision (a) of Section 1502, that uses prayer or spiritual means as a component of its programming or services in addition to behavioral-based services is subject to licensure under this chapter.
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Is Aversive Treatments banned? Clients have the right to be free from abusive, humiliating, degrading, or traumatizing actions.
Is Physical Restraint allowed? California Community Care Facilities Act [1502.2 (9)(N) To be free of corporal punishment, physical restraints of any kind, and deprivation of basic necessities
Is Chemical Restraint allowed? Yes
Is Mechanical Restraint allowed? No. Senate Bill No. 524 CHAPTER 864 (7) It shall not use secure containment or manual or mechanical restraints. SEC. 3. Section 1502.2"
Is Seclusion allowed? No. Senate Bill No. 524 CHAPTER 864 (7) It shall not use secure containment or manual or mechanical restraints. SEC. 3. Section 1502.2"
Is there a Bill of Rights for youth in care? Yes, but it is not required.
Additional Information C.R.I.S.E.S. Grant Pilot Program
General Oversight and Transparency CRC Title 22, Division 6, Chapter 2
Oversight Agency California Department of Social Services
Which state agency oversees investigations? California Department of Social Services
Is this type of program required to be licensed by the state? Yes
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Is Physical Restraint allowed? Yes
Is there a Bill of Rights for youth in care? Yes, but it is not required.
General Oversight and Transparency CRC Title 22, Division 6, Chapter 11
Definition(s), Regulations, and Legal References HSC§1302(15) - DSS licensed, provides 24-hour nonmedical care, individuals with developmental disabilities that require enhanced support, maximum of four people, eligible for Medicaid; Group Home. CRC§80001(g)(1) any facility of any capacity which provides 24-hour care to children in a structured environment, non-medical except as permitted by WIC§1736(b) foster children with special health needs
Oversight Agency Each Enhanced Behavioral Supports Home shall be licensed as an Adult Residential Facility or a Group Home and certified by the Department of Developmental Services in accordance with Health and Safety Code section 1567.62(a).
Is this type of program required to be licenced by the state? Yes
Are regulations only applicable to facilities receiving public funds? Yes
What are the zoning requirements? What are occupancy requirements for structures being used to house youth in residential settings? Is there a fire code and how often is this monitored? Enhanced Behavioral Supports Home - An Enhanced Behavioral Supports Home shall have a maximum capacity of four clients. AND a description of the facility's emergency procedures, including but not limited to: (A) The facility's emergency evacuation procedures, including procedures for evacuation when delayed egress and secure perimeters are in use pursuant to Sections 56068 through 56074; (B) The type, location, and response time of emergency medical services; (C) A description of how regularly scheduled fire and earthquake drills will be conducted on a schedule of no less than every three months, with the drills conducted on alternating work shifts so that drills are conducted during the day and evening hours; AND California Code of Regulations, Title 17, Section 59051 provides in pertinent part: (c) An Enhanced Behavioral Supports Home must have an operable automatic fire sprinkler system approved by the State Fire Marshal or local fire department as a condition of certification. (d) The automatic fire sprinkler system must meet the National Fire Protection Association (NFPA) 13D standard for the installation of sprinkler systems in single and two-family dwellings and manufactured homes"
Occupancy The licensee shall ensure each client has his or her own private bedroom as required by the California Code of Regulations, Title 17, Section 59051.
Are there admission requirements? Yes. An applicant shall develop a facility program plan that includes the following: (1) Number of consumers to be served; (2) Consumer admission criteria and procedures;
Is a licensed clinician required to perform a mental health evaluation upon intake? Yes. The licensee shall conduct and document an initial assessment of a client prior to admission to the facility. (1) For an Enhanced Behavioral Supports Home licensed as an Adult Residential Facility, the initial assessment shall be developed pursuant to Section 85068.2(b)(1)(G). (2) For an Enhanced Behavioral Supports Home licensed as a Group Home, the initial assessment shall be developed pursuant to Section 1180.4 of the Health and Safety Code."
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? Yes
Are the guardian & admitted child required to be informed of their their rights? Yes
Is youth consent required for all treatment received? The plan shall be developed in consultation with a Qualified Behavior Modification Professional with input from the client and if available, someone whom he or she desires to provide input in accordance with Health and Safety Code section 1180.4(a)
Does the State require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? Yes
Does the state require de-escalation training for all staff working with children in residential settings? Health and Safety Code section 1567.64 provides: The State Department of Social Services shall adopt regulations to address, at a minimum, staffing structure, staff qualifications, and training. Training requirements shall include a minimum of 16 hours of emergency intervention training. "Emergency intervention training" means the techniques the licensee will use to prevent injury to, and maintain safety for, consumers who are a danger to themselves or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints.
Does the state require medical response training for all staff working with children in residential settings? Health and emergency procedures, including fire safety; first aid and CPR
Does the state require 1:4 staffing ratio or higher? 1 staff for 4 residents
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Is Physical Restraint allowed? Yes. An Enhanced Behavioral Supports Home licensed as a Group Home shall not use manual restraint on a client unless and until an Emergency Intervention Plan has been developed by the licensee and approved by the Department pursuant to the California Code of Regulations, Title 22, Chapter 5, Subchapter 3.
Is Chemical Restraint allowed? Yes
Is Seclusion allowed? Yes
Is there a Bill of Rights for youth in care? Yes, but it is not required.
Additional Information If the Department determines that urgent action is necessary to protect a client residing in an Enhanced Behavioral Supports Home from physical or mental abuse, abandonment, or any other substantial threat to their health and safety, the Department shall notify the Department of Developmental Services in accordance with Health and Safety Code section 1567.65.
General Oversight and Transparency CRC Title 22, Division 6, Chapter 11
Definition(s), Regulations, and Legal References HSC§1502.45; CRC§80001(c)(13) any residential facility providing mental health treatment services to children in a group setting which has the capacity to provide secure containment; Subject to WIC§4094; Group Home CRC§80001(g)(1) any facility of any capacity which provides 24-hour care to children in a structured environment, non-medical except as permitted by WIC§1736(b) foster children with special health needs
Oversight Agency Dept of Health Care Services - certification for mental health treatment services for seriously emotionally disturbed children (HSC§1502.45(b)(2))
Are regulations only applicable to facilities receiving public funds? Yes
Is a licensed clinician required to perform a mental health evaluation upon in take? HSC§1502.45(b)(1) - interagency placement committee (WIC§4096) or licensed mental health care professional (WIC§4096(g)) if child privately placed or only county funded
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Definition(s), Regulations, and Legal References A facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
Oversight Agency California Department of Social Services
Which state agency oversees investigations? California Department of Social Services
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Definition(s), Regulations, and Legal References Residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
General Oversight and Transparency AB-549 Nonminor dependents
Definition(s), Regulations, and Legal References Title 15 Minimum Standards For Juvenile Facilities
Oversight Agency Board of State and Community Corrections (BSCC)
Which state agency oversees investigations? Board of State and Community Corrections (BSCC) , local law enforcement, Ombuds
Are investigations and outcomes visible to the public online? Yes
Is this type of program required to be licensed by the state? All governmental agencies controlled by local law enforcement with BSCC oversight
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Only facilities that receive public funds
What are the zoning requirements? What are the occupancy requirements for structures being used to house youth in residential settings? Is there a fire code and how often is this monitored? Local control
Are there admissions requirements? Each youth’s risks and needs are to be identified.
Is a licensed clinician required to perform a mental health evaluation upon in take? Yes, if being placed into a Secured Youth Treatment Facility
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? A comprehensive treatment plan will be developed.
Does the state prohibit mail censorship? No
Does the state require that children be allowed visitors in private during normal visiting hours? Video due to COVID
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Yes. A high school diploma or equivalency exam that is recognized by the California Department of Education
Does the state require de-escalation training for all staff working with children in residential settings? Yes. HSC1322(b)(5)
Does the state require medical response training for all staff working with children in residential settings? Yes, but only 40 hours for all youth care training. HSC1322
Does the state require 1:4 staffing ratio or higher? No. HSC1321(h) 1:10 during waking hours, 1:30 during sleeping hours, minumum 2 at all times
Are background checks required, including volunteers? Yes. HSC1320(b)(4)
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Is Physical Restraint allowed? Yes. SEC. 3. HSC Section 1502.2
Is Chemical Restraint allowed? Yes. SEC. 3. HSC Section 1502.2
Is Mechanical Restraint allowed? Yes. SEC. 3. HSC Section 1502.2
Is there a Bill of Rights for youth in care? Yes. SB518 (2006) outcome (2020 Report)
General Oversight and Transparency AB-549 Nonminor dependents
Definition(s), Regulations, and Legal References Title 15 Minimum Standards For Juvenile Facilities
Oversight Agency Board of State and Community Corrections (BSCC)
Which state agency oversees investigations? Board of State and Community Corrections (BSCC) , local law enforcement, Ombuds
Are investigations and outcomes visible to the public online? Yes
Is this type of program required to be licensed by the state? All governmental agencies controlled by local law enforcement with BSCC oversight
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Only facilities that receive public funds
What are the zoning requirements? What are the occupancy requirements for structures being used to house youth in residential settings? Is there a fire code and how often is this monitored? Local control
Are there admissions requirements? Each youth’s risks and needs are to be identified.
Is a licensed clinician required to perform a mental health evaluation upon in take? Yes, if being placed into a Secured Youth Treatment Facility
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? A comprehensive treatment plan will be developed.
Does the state prohibit mail censorship? No
Does the state require that children be allowed visitors in private during normal visiting hours? Video due to COVID
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Yes. A high school diploma or equivalency exam that is recognized by the California Department of Education
Does the state require de-escalation training for all staff working with children in residential settings? Yes. HSC1322(b)(5)
Does the state require medical response training for all staff working with children in residential settings? Yes, but only 40 hours for all youth care training. HSC1322
Are background checks required, including volunteers? Yes. HSC1320(b)(4)
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Is Physical Restraint allowed? Yes. SEC. 3. HSC Section 1502.2
Is Chemical Restraint allowed? Yes. SEC. 3. HSC Section 1502.2
Is Mechanical Restraint allowed? Yes. SEC. 3. HSC Section 1502.2
Is there a Bill of Rights for youth in care? Yes. SB518 (2006) outcome (2020 Report)
Oversight Agency California Department of Social Services
Which state agency oversees investigations? California Department of Social Services
Ban on Conversion Therapy for LGBTQA+ youth? Yes. BPC§865.1. Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under the age of 18.
Is Physical Restraint allowed? Yes
Is Chemical Restraint allowed? Yes
Is Mechanical Restraint allowed? Yes
Is Seclusion allowed? Yes

Additional Information

Unsilenced Program Database: California Programs

Contact: info@unsilenced.org

The information provided within UnSilenced.org is for general informational purposes only. All information is provided in good faith. However, we do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party posters, testimonials, comments, or submissions. Most information posted reflects the opinion of the writer and does not directly reflect the views, or positions of the owners of UnSilenced.org
Read More