California Health and Safety Code § 1520.1

Health and Safety Code
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In addition to Section 1520, applicants for a group home or short-term residential therapeutic program license shall meet the following requirements: (a) (1) During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations, including progress of the facility toward obtaining mental health program approval, if applicable, and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued. (2) If the department determines that the group home or short-term residential therapeutic program is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for the reasons described in subparagraph (A) or (B), or up to an additional 12 months for the reason described in subparagraph (C): (A) The group home or short-term residential therapeutic program requires additional time to be in full compliance with licensing standards. (B) After 12 months of operation, the group home or short-term residential therapeutic program is not operating at 50 percent of its licensed capacity. (C) The short-term residential therapeutic program requires additional time to complete the mental health program approval as set forth in Section 1562.01. The department may require ongoing documentation to ensure progress toward mental health program approval. The department may also require ongoing documentation that the provider is ensuring access to specialty mental health services during provisional licensure. (3) By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued. (4) The department may deny a group home or short-term residential therapeutic program license application at any time during the term of the provisional license to protect the health and safety of clients. If the department denies the application, the group home or short-term residential therapeutic program shall cease operation immediately. Continued operation of the facility after the department denies the application or the provisional license expires shall constitute unlicensed operation. (5) When the department notifies a city or county planning authority pursuant to subdivision (c) of Section 1520.5, the department shall briefly describe the provisional licensing process and the timelines provided for under that process, as well as provide the name, address, and telephone number of the district office licensing the facility where a complaint or comment about the group home’s or short-term residential therapeutic program’s operation may be filed. (b) (1) After the production of the booklet provided for in paragraph (2), every member of the group home’s board of directors or governing body and every member of a short-term residential therapeutic program’s board of directors or governing body shall, prior to becoming a member of the board of directors or governing body sign a statement that they understand their legal duties and obligations as a member of the board of directors or governing body and that the group home’s or short-term residential therapeutic program’s operation is governed by laws and regulations that are enforced by the department, as set forth in the booklet. The applicant, provisional licensee, and licensee shall have this statement available for inspection by the department. For members of the board of directors or governing body when the booklet is produced, the licensee shall obtain this statement by the next scheduled m

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