Residential facilities.

Existing law, the California Community Care Facilities Act, provides for the licensing and regulation by the State Department of Social Services of community care facilities. Under existing law, community care facilities include, among others, various types of adult residential facilities. Existing law also provides for the regulation by the department of residential care facilities for persons with chronic life-threatening illness. This bill would require an applicant or licensee of an adult community care facility or a residential care facility for persons with chronic life-threatening illness to maintain an email address of record with the department and notify the department in writing of the email address and any change to that address, as specified. Existing regulations of the department define an "adult residential facility" as a facility of any capacity that provides 24-hour-a-day nonmedical care and supervision to persons 18 to 59 years of age, inclusive, and, under specified conditions, to persons 60 years of age and older. Existing law requires the licensee of an adult residential facility that has submitted a closure plan to inform the city and county in which the facility is located of the proposed closure, including whether the licensee intends to sell the property or business, no later than 180 days before the proposed closure, as specified. Under existing law, a violation of the act is a misdemeanor. Existing law separately licenses and regulates residential care facilities for the elderly (RCFE) , which provide housing and other specified services for persons 60 years of age and older. Among other things, existing law requires an RCFE, prior to transferring a resident to another facility or to an independent living arrangement as a result of the forfeiture of a license or change in use of the facility, to take all reasonable steps to transfer affected residents safely, and minimize possible trauma by taking specified actions relating to resident notification and transfer and relocation planning, as prescribed, including providing written notice to the resident or the resident's responsible person 60 days prior to the eviction. Among other provisions, existing law requires an RCFE, if 7 or more residents of the facility will be transferred as a result of the forfeiture of a license or the change in the use of a facility, to submit a proposed closure plan for the affected residents to the department for review, and requires the department to approve or disapprove the plan. Existing law requires an RCFE to refund to a resident any paid preadmission fees, according to a prescribed schedule. Existing law imposes civil penalties for a violation of these requirements by an RCFE, of $100 per violation per day. Existing law requires the licensee of an RCFE to notify the city and county in which the facility is located, current residents, and other designated parties, in writing, of specified events relating to the facility and the licensee. This bill would establish similar procedures and requirements for the licensee of a licensed adult residential facility when notifying the city and county of a proposed closure or other event, and when transferring a resident of the facility to another facility or to an independent living arrangement as a result of the forfeiture of a license or a closure of the facility for another reason. The bill would additionally give the city or county the first opportunity to make an offer to purchase the property and continue the operation of the adult residential facility within 60 days after a licensee who is also the owner has notified the city or county of an intent to sell the property, as specified. The bill would authorize the city or county to either take over operation of the facility under those circumstances, or enter into a long-term lease for its operation with a nonprofit or for-profit entity with a history of providing adult residential facility services, as specified. The bill would require a lease entered into pursuant to the bill to include a requirement that the lessee maintain licensure of the property as an adult residential facility. Because a violation of the bill's requirements by certain residential facilities would be a misdemeanor, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.