California Welfare and Institutions Code § 4081

(a) (1) Psychiatric residential treatment facilities, as defined in Section 1250.10 of the Health and Safety Code, shall be licensed by the State Department of Health Care Services subsequent to application by counties, county contract providers, or other organizations as defined by the State Department of Health Care Services. The State Department of Health Care Services shall approve or deny each psychiatric residential treatment facility application for licensure or renewal of a license. (2) Each psychiatric residential treatment facility’s initial license shall be provisional for a period of up to one year from the date the department specifies on the provisional license. A psychiatric residential treatment facility with a provisional license may be subject to facility-specific enhanced monitoring requirements, as established by the department, during the period that the provisional license is effective. (3) (A) A psychiatric residential treatment facility shall not serve involuntarily detained patients pursuant to the Children’s Civil Commitment and Mental Health Treatment Act of 1988 and the Lanterman-Petris-Short Act unless the county designates the facility and the State Department of Health Care Services approves the designation of the facility pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5). (B) For voluntary admission of a minor patient subject to the jurisdiction of the juvenile court, the facility shall obtain court authorization for the admission pursuant to Section 361.23 or 727.13, as applicable, and Section 6552. Whenever consent for admission of a patient who is subject to the jurisdiction of the juvenile court is revoked, the facility shall immediately contact the county child welfare agency or probation department, as applicable, to arrange for the patient’s discharge. (4) The department shall set a statewide bed limit based on an analysis to ensure that inpatient psychiatric services for individuals under 21 years of age are available and sufficient in amount, duration, and scope to reasonably achieve the purpose for which services are provided. The statewide bed limit shall comply with state and federal Medicaid requirements. The department shall notify the Legislature when the total number of beds in licensed psychiatric residential treatment facilities in the state reaches 250 beds, 500 beds, and 750 beds. (b) Licensed psychiatric residential treatment facilities shall meet all licensing requirements, as determined by the State Department of Health Care Services. Psychiatric residential treatment facilities shall comply with their approved policies and procedures. A licensed psychiatric residential treatment facility shall not amend their policies and procedures without the State Department of Health Care Services’ approval. (c) For purposes of admission and continued stay at a psychiatric residential treatment facility, a patient shall meet all of the following criteria: (1) The patient’s psychiatric condition requires services on an inpatient basis under the direction of a physician. (2) The services can reasonably be expected to improve the patient’s condition or prevent further regression such that inpatient services at a psychiatric residential treatment facility will no longer be needed. (3) The psychiatric residential treatment facility is the least restrictive setting for treatment of the patient’s psychiatric condition. (d) Services provided at a psychiatric residential treatment facility shall involve active treatment. “Active treatment” means implementation of an individual plan of care. (e) A psychiatric residential treatment facility shall have an individual plan of care for each patient. An individual plan of care is a written plan developed for each patient within 72 hours of the patient’s admission to the facility. The individual plan of care shall be designed to do all of the following: (1) Improve the patient’s cond

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