(a)(1) "Administrative Office" means the central administrative headquarters of the licensee and is the component of the THPP Program that is licensed by the licensing agency.(2) "Administrator" means the adult designated by the licensee to act on the licensee's behalf in the overall management of the facility.(3) "Adult" means a person who is 18 years of age or older.(4) "Age or developmentally appropriate" means as defined in Welfare and Institutions Code section 362.05(c)(2).(5) "Authorized Representative" means any person or entity authorized by law to act on behalf of any participant. Such person or entity may include but not be limited to a minor's parent, a legal guardian, a conservator or a public placement agency.(b)(1) "Basic Rate" means the rate charged by a facility to provide basic services. For SSI/SSP recipients, the basic rate means the established nonmedical out-of-home care rate which includes any exempt income allowance but does not include that amount allocated for the recipient's personal and incidental needs.(2) "Basic services" means those services required by applicable law and regulation to be provided by the licensee in order to obtain and maintain a THPP license.(c)(1) "California Clearance" means an individual has no felony or misdemeanor convictions reported by the California Department of Justice. However, the individual may have been arrested with no criminal conviction, convicted of a minor traffic offense or adjudicated as a juvenile.(2) "Capacity" means the maximum number of persons authorized to be provided care and supervision at any one time in any licensed facility.(3) "Care and Supervision" means any one or more of the following activities provided by a person or facility to meet the needs of the participants: (A) Assistance in dressing, grooming, bathing and other personal hygiene.(B) Assistance with taking medication, as specified in section 86175.(C) Central storing and/or distribution of medications, as specified in section 86175.(D) Arrangement of and assistance with medical and dental care.(E) Maintenance of house rules for the protection of participants.(F) Supervision of participant schedules and activities.(G) Maintenance and/or supervision of participant cash resources or property.(H) Monitoring food intake or special diets.(I) Providing basic services as defined in section 86001(b)(2).(4) "Cash Resources" means: (B) Tax credits and/or refunds.(C) Earnings from employment or workshops.(D) Personal and incidental need allowances from funding sources including but not limited to SSI/SSP.(E) Allowances paid to children.(F) Any other similar resources as determined by the licensing agency.(5) "Certificate of Approval" means the county approval as a condition of licensure according to Welfare and Institutions Code Section 16522.1.(6) "Certificate of Compliance" means the document generated and retained by the licensee that verifies that the single housing unit meets the requirements of Health and Safety Code Section 1501(b)(5) and may be used as living quarters for THPP participant(s).(7) "Child" means a person who is under 18 placed in a licensed transitional housing placement program by a regional center, a parent or guardian, or a public child placement agency with or without a court order. "Child" also means a person who is: (A) 18 or 19, meets the requirements of Welfare and Institutions Code section 11403, and continues to be provided with care and supervision by the transitional housing placement facility.(8) "Close friend" means a person who is attached to another by feelings of personal regard as indicated by both parties involved.(9) "Community Care Facility" means any facility, place or building where nonmedical care and supervision, as defined in section 86001(c)(3), are provided.(10) "Completed Application" means: (A) The applicant has submitted and the licensing agency has received all required materials including: an approved fire clearance, if appropriate, from the State Fire Marshal; a criminal record clearance on the applicant and any other individuals specified in section 86019.(B) The licensing agency has completed a site visit to the facility.(11) "Conservator" means a person appointed by the Superior Court pursuant to the provisions of section 1800 et seq. of the Probate Code or section 5350 of the Welfare and Institutions Code, to care for the person, or estate, or person and estate, of another.(12) "Consultant" means a person professionally qualified by training or experience to provide expert information on a particular subject.(13) "Control of Property" means the right to enter, occupy, and maintain the operation of the facility property within regulatory requirements. Evidence of control of property may include, but is not limited to the following:(A) a Grant Deed showing ownership; or(B) the lease agreement or rental agreement; or(C) a court order or similar document which shows the authority to control the property pending outcome of a probate proceeding or an estate settlement.(14) "Conviction" means: (A) A criminal conviction in California; or(B) Any criminal conviction of another state, federal, military or other jurisdiction, which if committed or attempted in California, would have been punishable as a crime in California.(15) "Criminal Record Clearance" means an individual has a California clearance and an FBI clearance.(d)(1) "Day" means calendar day unless otherwise specified.(2) "Deficiency" means any failure to comply with any provision of the Community Care Facilities Act (Health and Safety Code, section 1500 et seq.) and/or regulations adopted by the Department pursuant to the Act.(3) "Department" is defined in Health and Safety Code section 1502(b).(4) "Department-Approved County THPP Plan" means a county THPP plan that is submitted by the county to the Department that states that the county's Independent Living Program will actively participate in the screening and supervision of THPP participants in accordance with Welfare and Institutions Code Section 16522.5.(5) "Developmental Disability" means a disability as defined in Welfare and Institutions Code section 4512(a).(6) "Dietitian" means a person who is a member of or registered by the American Dietetics Association.(7) "Director" is defined in Health and Safety Code section 1502(c).(e)(1) "Evaluator" means any person who is a duly authorized officer, employee or agent of the Department, including any officer, employee or agent of a county or other public agency authorized by the Department to license community care facilities.(2) "Exception" means a written authorization issued by the licensing agency to use alternative means which meet the intent of a specific regulation(s) and which are based on the unique needs or circumstances of a specific participant(s) or staff person(s). Exceptions are granted for particular participant(s) or staff person(s) and are not transferable or applicable to other participant(s), staff person(s), facilities or licensees.(3) "Exemption" means an exception to the requirements of Health and Safety Code section 1522 and applicable regulations. Exemptions are not transferable.(f)(1) "Federal Bureau of Investigation (FBI) Clearance" means an individual has no felony or misdemeanor convictions reported by the FBI. However, the individual may have been arrested with no criminal conviction, convicted of a minor traffic offense or adjudicated as a juvenile.(g)(1) "Gender Expression" means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.(2) "Gender Identity" means a person's identity based on the individual's stated gender identity, without regard to whether the self-identified gender accords with the individual's physical appearance, surgical history, genitalia, legal sex, sex assigned at birth, or name and sex, as it appears in medical records, and without regard to any contrary statement by any other person, including a family member, conservator, or legal representative. An individual who lacks the present ability to communicate their gender identity shall retain the gender identity most recently expressed by that individual. Senate Bill 179 (Atkins, Chapter 853, Statutes of 2017) also known as the Gender Recognition Act, established three equally recognized genders in California: female, male, and nonbinary.(3) "Guardian" means a person appointed by the Superior Court pursuant to the provisions of sections 1500 et seq. of the Probate Code to care for the person, or estate, or the person and estate of another.(h)(1) "Health-related services" shall include, but not be limited to, medical, dental, vision, mental health, substance use disorder services, reproductive and sexual health care. This shall include abortion and contraception related services and gender affirming health care and gender affirming mental health care.(2) "Host County Letter" means a county letter authorizing a THPP provider licensed in an adjacent county to operate in the host county that does not have a Department approved THPP plan.(3) "Host Family" means a housing unit certified by a transitional housing placement provider with whom a participant lives in an apartment, single-family dwelling, or condominium owned, rented, or leased by the host family.(i)(1) "Independent Living Program (ILP)" means the program authorized under Title 42, Section 677(a)(1) of the U.S. Code (Social Security Act), for services and activities to assist children age 16 or older who are either a dependent (Welfare and Institutions Code Section 300) or a ward (Welfare and Institutions Code Sections 601 and 602) of the court to make the transition to independent living.(2) "Infant" means a child under two years of age.(l)(1) "Law enforcement" means any officer, sheriff, or marshal of a city, county, state, or federal law enforcement agency.(2) "License" means authorization to operate a THPP and to provide care and supervision. The license is not transferable.(3) "Licensed professional" means a person who is licensed in California to provide medical care or therapy. This includes physicians and surgeons, physician assistants, nurse practitioners, registered nurses, licensed vocational nurses, psychiatric technicians, physical therapists, occupational therapists and respiratory therapists, who are operating within his/her scope of practice.(4) "Licensee" means the firm, partnership, association, or corporation, licensed as a transitional housing placement provider pursuant to Health and Safety Code section 1559.110 and having the authority and responsibility for the operation of a THPP.(5) "Licensing Agency" means the State Department of Social Services or any state, county or other public agency authorized by the Department to assume specified licensing responsibilities pursuant to section 1511 of the Health and Safety Code.(m)(1) "Mental Disorder" means any of the disorders set forth in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) of the American Psychiatric Association and a degree of functional impairment which renders a person eligible for the services enumerated under the Lanterman-Petris-Short Act, commencing with section 5000 of the Welfare and Institutions Code.(n)(1) "Needs and Services Plan" means a written plan that identifies the specific needs of an individual participant, including those items specified in Section 86168.2, and delineates those services necessary to meet participant's identified needs.(2) "Nonambulatory Person" means a person as defined in Health and Safety Code section 13131. (A) A person is not deemed nonambulatory solely because he/she is deaf, blind, or prefers to use a mechanical aid.(3) "Nonbinary" is an umbrella term for people with gender identities that fall somewhere outside of the traditional conceptions of strictly either female or male. People with nonbinary gender identities may or may not identify as transgender, may or may not have been born with intersex traits, may or may not use gender-neutral pronouns, and may or may not use more specific terms to describe their genders, such as agender, genderqueer, gender fluid, Two Spirit, bigender, pangender, gender nonconforming, or gender variant.(p)(1) "Physician" means a person licensed as a physician and surgeon by the California Board of Medical Examiners or by the California Board of Osteopathic Examiners.(2) "Placement agency" is defined in Health and Safety Code Sections 1536.1 and 1569.47(a).(3) "PRN Medication" (pro re nata) means any nonprescription or prescription medication which is to be taken as needed.(4) "Provision" or "Provide" means whenever any regulation requires that provisions be made for or that there be provided any service, personnel, or other requirement, the licensee shall do so directly or present evidence to the licensing agency that the requirement has been met by some other means.(r)(1) "Reasonable and prudent parent" or "reasonable and prudent parent standard" means as defined in Welfare and Institutions Code section 362.05(c)(1).(2) "Relative" means spouse, parent, stepparent, son, daughter, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin or any such person denoted by the prefix "grand" or "great" or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.(3) "Remote Site" means a housing unit where the participant lives independently in an apartment, single-family dwelling, or condominium owned, rented, or leased by a transitional housing placement provider under the supervision of the provider if the department provides approval. The remote site shall only be available to nonminor dependents.(4) "Responsible person" means that individual or individuals, including a relative, health care surrogate decision maker, or placement agency, who assists the participant or prospective participant in placement or assumes varying degrees of responsibility for the participant's well-being. A responsible person cannot act on behalf of a participant unless authorized by law.(s)(1) "Serious Bodily Injury" is defined in Welfare and Institutions Code Section 15610.67.(2) "Serious Deficiency" means any deficiency that presents an immediate or substantial threat to the physical health, mental health or safety of the participants of a THPP.(3) "Sexual Orientation" describes a person's emotional, romantic or sexual attraction to others, which may be shaped at an early age.(4) "Simplified Exemption" means an exemption granted on the Department's own motion, as authorized in Health and Safety Code Section 1522(c)(4), if the individual's criminal history meets specific criteria established by Department regulation.(5) "Social Worker" means a person who has a graduate degree from an accredited school of social work.(6) "SSI/SSP" means the Supplemental Security Income/State Supplemental Program which is a federal/state program that provides financial assistance to aged, blind and/or disabled residents of California.(7) "Staffed Site" means a housing unit in which a participant lives in an apartment, single-family dwelling, or condominium owned, rented, or leased by a transitional housing placement provider either with an adult employee of the provider who provides supervision or in a building in which one or more adult employees of the provider reside and provide supervision.(8) "Substantial Compliance" means the absence of any serious deficiencies.(9) "Substantiated Complaint" means a complaint which has been investigated by the licensing agency, and as a result, a violation of regulations has been found.(10) "Sub-Administrative Office" means any additional, independently licensed office set up by the THPP to supplement the services provided by the administrative office.(t)(1) "Transgender" means a person whose gender identity differs from the person's assigned or presumed sex at birth.(2) "Transitional Housing Placement Program (THPP)" means the licensed components, as well as the components that are certified by the THPP as meeting licensing requirements. (A) The licensed components of the THPP are the administrative office that provides THPP administrative and operational functions, and the sub-administrative offices.(B) The certified components of the THPP are the THPP units and the THPP staff residential units that also may house or allow access to THPP participants.(3) "Transitional Housing Placement Provider" means as defined in Health and Safety Code section 1502(a)(12).(4) "Transitional Housing Program-Plus (THP-Plus)" means a transitional housing placement program not licensed by the Department, but, certified by counties to provide housing and supportive services, as needed, to THP-Plus tenants and THP participants who are aged 18 to 21 pursuant to Welfare and Institutions Code Section 11403.2(a)(2).(5) "Transitional Housing Placement Program Participant" (or "Participant") means an individual placed in a THPP participant living unit.(6) "Transitional Housing Placement Program Participant Living Unit" (or "THPP Participant Living Unit") means the housing unit where the THPP participant resides as specified in Health and Safety Code Section 1559.110(d).(7) "Transitional Housing Placement Program Staff Residential Unit" (or "THPP staff residential unit") means the residential unit where only the adult employee(s) and their child(ren) reside(s) as specified in Health and Safety Code Sections 1559.110(d)(2) and (3).(8) "Transitional Independent Living Plan (TILP)" means the written service delivery plan, available on the Child Welfare Services Case Management Services (CWS/CMS) that identifies the youth's current level of functioning, emancipation goals and the specific skills needed to prepare the youth to live independently upon leaving foster care. The plan is mutually agreed upon by the youth and the social worker/probation officer.(9) "Trauma Informed" means program interventions, practices, services, and supports that recognize and respond to the varying impact of traumatic stress on children, nonminor dependents, and their families, certified parents, Resource Families, and those who have contact with the child welfare system.(u)(1) "Universal Precautions" means an approach to infection control that treats all human blood and body fluids as if they are infectious. Generally, Universal Precautions consist of regular hand-washing after coming into contact with another person's body fluids (mucous, saliva, urine, etc.) and includes the use of gloves when handling blood or body fluids that contain blood. Specifically, Universal Precautions consist of the following four basic infection control guidelines:(A) Hand-washing - Staff should wash their hands:1. After assisting with incontinent care or wiping a participant's nose.2. Before preparing or eating foods.3. After using the toilet.4. Before and after treating or bandaging a cut.5. After wiping down surfaces, cleaning spills, or any other housekeeping.6. After being in contact with any body fluids from another person.7. Even if they wore gloves during contact with body fluids.(B) Gloves - Staff should always wear gloves:1. When they come into contact with blood or body fluids that contain blood.2. When they have cuts or scratches on their hands.3. When assisting with incontinent care or when cleaning up urine, stool, or vomit.4. When administering first aid for a cut, a bleeding wound, or a bloody nose.5. And use gloves only one time, for one incident or participant.a. Staff must air dry their hands prior to putting on a new pair of gloves.6. And dispose of used gloves immediately after use.(C) Cleaning with a disinfectant - Staff should clean with a disinfectant: 1. On all surfaces and in the participant's room and on an "as needed" basis on any surface that has come into contact with blood.2. Such as a basic bleach solution, made fresh daily by mixing:a. 1/4 cup household liquid chloride bleach in one gallon of tap water, or one tablespoon bleach in one quart of water.(D) Proper disposal of infectious materials - Staff should dispose of infectious materials by: 1. Placing it in a plastic trash bag, tying it with a secure tie, and disposing of it out of reach of participants and children.(2) "Unlicensed Community Care Facility" means a facility as defined in Health and Safety Code section 1503.5. (B) A facility which is "providing care and supervision" as defined in section 86001 c(3) includes, but is not limited to, one in which an individual has been placed by a placement agency or family members for temporary or permanent care.(C) A facility which is "held out as or represented as providing care or supervision" includes, but is not limited to: (1) A facility whose license has been revoked or denied, but continues to provide care for the same or different participants with similar needs.(2) A facility where a change of ownership has occurred and the same participants are retained.(3) A licensed facility that moves to a new location.(4) A facility which advertises as providing care and/or supervision.(D) A facility which "accepts or retains individuals who demonstrate the need for care or supervision" includes, but is not limited to:(1) A facility with individuals requiring care and/or supervision, even though the facility is providing board and room only, or board only, or room only.(2) A facility which houses unemancipated minors, even though the facility is providing board and room only, or board only, or room only.(3) A facility where it is apparent that care and/or supervision are being provided by virtue of the individual's needs being met.(3) "Urgent Need" means a situation where prohibiting the operation of the facility would be detrimental to a participant's physical health, mental health, safety, or welfare. Circumstances constituting urgent need include but are not limited to the following: (A) A change in facility location when participants are in need of services from the same operator at the new location.(B) A change of facility ownership when participants are in need of services from a new operator.(w)(1) "Waiver" means a nontransferable written authorization issued by the licensing agency to use alternative means which meet the intent of a specific regulation and which are based on a facility-wide need or circumstance.Cal. Code Regs. Tit. 22, § 86001
Note: Authority cited: Sections 1502, 1502.8, 1522.41(j), 1524(e), 1530, 1530.9, 1531.15 and 1559.110, Health and Safety Code. Reference: 42 USC Section 677; Sections 1501, 1502, 1502(a)(8), 1502.5, 1503, 1503.5, 1505, 1507, 1508, 1509, 1511, 1520, 1522, 1522.45, 1524, 1524(e), 1525, 1525.5, 1526, 1527, 1530, 1530.5, 1531, 1531.1, 1531.15, 1533, 1534, 1536.1, 1537, 1538.5, 1550, 1551, 1556, 1559.110, 1559.115, 1569.699(a), 1797.196 and 11834.02, Health and Safety Code; Sections 362.05, 11006.9, 11400, 11401, 11403, 15610.67, 16001.9, 16522.1, 16522.5, 17736(a) and 17736(b), Welfare and Institutions Code; 29 CFR 1910.1030; and Joint Stipulation and Order for Settlement in the matter of California Association of Mental Health Patients' Rights Advocates v. Cliff Allenby, et al., Santa Clara County Superior Court, No. 106-CV061397, issued November 14, 2008.
Note: Authority cited: Sections 1502, 1502.8, 1522.41(j), 1524(e), 1530, 1530.9, 1531.15 and 1559.110, Health and Safety Code. Reference: 42 USC Section 677; Sections 1501, 1502, 1502(a)(8), 1502.5, 1503, 1503.5, 1505, 1507, 1508, 1509, 1511, 1520, 1522, 1524, 1524(e), 1525, 1525.5, 1526, 1527, 1530, 1530.5, 1531, 1531.1, 1531.15, 1533, 1534, 1536.1, 1537, 1538.5, 1550, 1551, 1556, 1559.110, 1559.115, 1569.699(a), 1797.196 and 11834.02, Health and Safety Code; Sections 11006.9, 11400, 11401, 11403, 15610.67, 16001.9, 16522.1, 16522.5, 17736(a) and 17736(b), Welfare and Institutions Code; 29 CFR 1910.1030; and Joint Stipulation and Order for Settlement in the matter of California Association of Mental Health Patients' Rights Advocates v. Cliff Allenby, et al., Santa Clara County Superior Court, No. 106-CV061397, issued November 14, 2008.
1. New section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order, including amendment of subsection (i)(1), transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. New subsections (c)(3)-(c)(3)(A) and amendment of Note filed 2-6-2012; operative 3-7-2012 (Register 2012, No. 6).
5. New subsections (g)(1)-(2) and (s)(1), subsection renumbering, new subsection (t)(1), subsection renumbering, amendment of newly designated subsection (t)(2) and amendment of Note filed 8-24-2017; operative 10/1/2017 (Register 2017, No. 34).
6. New subsection (l)(1) filed 8-28-2017; operative 10-1-2017 (Register 2017, No. 35).
7. Change without regulatory effect amending section and Note filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
8. Amendment of section and NOTE filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).