California Health and Safety Code 1524 – A license shall be forfeited by operation of law if one of the …
A license shall be forfeited by operation of law if one of the following occurs:
(a) The licensee sells or otherwise transfers the facility or facility property, except if change of ownership applies to transferring of stock if the facility is owned by a corporation, and if the transfer of stock does not constitute a majority change of ownership.
Terms Used In California Health and Safety Code 1524
- Community crisis home: means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4. See California Health and Safety Code 1502
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: includes city and county. See California Health and Safety Code 14
- department: means State Department of Health Services. See California Health and Safety Code 20
- Enhanced behavioral supports home: means a facility certified by the State Department of Developmental Services pursuant to Article 3. See California Health and Safety Code 1502
- Foster family agency: means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:
California Health and Safety Code 1502
- Foster family home: means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. See California Health and Safety Code 1502
- Group home: means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. See California Health and Safety Code 1502
- license: means a basic permit to operate a community care facility. See California Health and Safety Code 1503
- Residential facility: means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. See California Health and Safety Code 1502
- Short-term residential therapeutic program: means a residential facility operated by a public agency or private organization and licensed by the department pursuant to Section 1562. See California Health and Safety Code 1502
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- state department: means the State Department of Social Services. See California Health and Safety Code 1502
(b) The licensee surrenders the license to the department.
(c) (1) The licensee moves a facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process if applying for a license for the new location.
(2) This subdivision does not apply to a licensed foster family or a home certified by a licensed foster family agency. If a foster family home licensee or certified home parent moves to a new location, the existing license or certification may be transferred to the new location. All caregivers to whom this paragraph applies shall be required to meet all applicable licensing laws and regulations at the new location.
(d) The licensee dies. If an adult relative notifies the department of the relative’s desire to continue operation of the facility and submits an application, the department shall expedite the application. The department shall promulgate regulations for expediting applications submitted pursuant to this subdivision.
(e) The licensee abandons the facility.
(f) If the certification issued by the State Department of Developmental Services to a licensee of an Adult Residential Facility for Persons with Special Health Care Needs or a Group Home for Children with Special Health Care Needs, licensed pursuant to Article 9 (commencing with Section 1567.50), is rescinded.
(g) If the certification issued by the State Department of Developmental Services to a licensee of an enhanced behavioral supports home, licensed pursuant to Article 9.5 (commencing with Section 1567.61), is rescinded.
(h) If the certificate of program approval issued by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, to a licensee of a community crisis home, licensed pursuant to Article 9.7 (commencing with Section 1567.80), is rescinded.
(i) (1) A group home license shall be forfeited by operation of law if the licensee transitions the entire group home facility to a short-term residential therapeutic program and receives a permanent short-term residential therapeutic program license.
(2) Notwithstanding paragraph (1), a group home license shall not be forfeited if the department approves the licensee to operate a short-term residential therapeutic program in an identifiable and physically separate unit on the same grounds.
(j) A group home license issued to a county shall be forfeited by operation of law if the county receives a license to operate a temporary shelter care facility in accordance with Section 1530.8.
(k) A temporary shelter care facility license issued to a private, nonprofit organization under contract with a county shall be forfeited by operation of law upon termination of the contract in accordance with Section 1530.8.
(l) A foster family home license is forfeited by operation of law, as provided in Section 1517.1 of this code or § 16519.5 of the Welfare and Institutions Code.
(Amended by Stats. 2021, Ch. 76, Sec. 6. (AB 136) Effective July 16, 2021.)