Cal. Code Regs. Tit. 22, § 86001 - Definitions
(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:
(A) Monetary gifts.
(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.
(j) Reserved
(k) Reserved
(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.
(o) Reserved
(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.
(q) Reserved
(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.
(A) Reserved
(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.
(v)
Reserved
(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.
(x) Reserved
(y) Reserved
(z) Reserved
Notes
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.
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.
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
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
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