Cal. Code Regs. Tit. 22, § 81007 - Exemption from Licensure
(a) The social rehabilitation facility
regulations contained in this division shall not apply to any of the following:
(1) Any health facility, as defined by
Section
1250
of the Health and Safety Code.
(2)
Any clinic, as defined by Section
1202
of the Health and Safety Code.
(3)
Any facility conducted by and for the adherents of any well-recognized church
or religious denomination for the purpose of providing facilities for the care
or treatment of the sick who depend upon prayer or spiritual means for healing
in the practice of the religion of the church or denomination.
(4) Any house, institution, hotel, homeless
shelter, or other similar place that supplies board and room only, or room
only, or board only, which provides no element of "care and supervision," as
defined in Section
81001(c)(3).
(5) Any care and supervision of persons by a
relative, guardian or conservator.
(6) Any care and supervision of persons from
only one family by a close friend of the parent, guardian or conservator,
provided that such arrangement is not for financial profit and does not exceed
10 hours per week.
(A) Provision of longer
hours of care shall not be precluded when provided for a brief period of time
for reasons, including but not limited to family emergencies, vacation, and
military leave.
(7) Any
arrangement for the care and supervision of an adult or adults from only one
family by a close friend, who is not a licensee or current employee of a
residential care facility for the elderly or of an adult residential facility,
and whose friendship pre-existed a provider/recipient relationship, and all of
the following are met:
(A) The care and
supervision is provided in a home or residence chosen by the recipient,
regardless of who owns the home or residence.
(B) The arrangement is not of a business
nature, in that the provider does not represent himself or herself as being in
the business of provision of care, and any compensation that may be paid to the
provider is only for the value of the services rendered.
(C) The arrangement occurs and continues only
as long as the needs for care and supervision of the recipient are being
adequately met.
(8) Any
supported living arrangement for individuals with developmental disabilities as
defined in Section 1505(m) of the Health and Safety code.
(9) Any family home agency, family home, or
family teaching home as defined in Health and Safety Code section
1505(n).
(10) Any placement agency as defined in
Health and Safety Code section
1536.1
or an individual who places individuals for care in a facility licensed to
receive and care for such persons.
(11) Any housing project for elderly or
disabled individuals that meets federal requirements specified in Health and
Safety Code section
1505(p).
(12) The Department.
(13) Any similar facility as determined by
the Director.
Notes
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 4689, 4689.1, 5670 and 5671, Welfare and Institutions Code; Sections 1200, 1200.1, 1250, 1501, 1502, 1505, 1508, 1530 and 1536.1, Health and Safety Code; and Grimes v. CDSS (1999) 70 Cal.App.4th 1065.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.